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How an Erb's Palsy Lawsuit Can Ease Financial Burdens Parents with children who suffer from Erb's Palsy are faced with huge medical expenses throughout their child's lifetime. The financial compensation resulting from a successful brachial plexus lawsuit could ease the financial burden. The legal procedure to file an action against erb's paralysis is complex and requires the assistance of a seasoned malpractice attorney in Arizona. Each case is unique however, the majority of cases follow a similar pattern. Medical Records When a lawyer investigates an Erb's-palsy lawsuit they will first review all medical records. These records will be used in determining the amount of compensation the client could receive. This compensation could help pay for future medical bills for surgery, physical therapy, and other treatments for injuries to the child. A lawyer will also consider the potential economic loss that might occur due to the child's injuries. These could include lost wages, costs for caregiving and other expenses. An experienced attorney can estimate any damages that could be possible for the client. Erb's Palsy is a condition that occurs when the brachial plexus nerves get stretched or damaged during labor. It's among the most frequent types of birth injuries and is often prevented. Medical negligence can be charged against doctors who do not adhere to accepted standards of care when delivering a baby. Examples of this kind of malpractice include: failure to perform C-sections properly, pushing too hard on the head or shoulders, and inappropriate use of tools such as forceps. Interviews with Experts The brachial complex is a bundle of nerves that controls movement of the arm. A forceful pull on the arm, shoulder or neck that strains these nerves could cause damage and result in Erb's palsy. The injury could affect a newborn's quality of life, as they may not be able participate in certain sports or perform day-to-day activities such as buttoning a shirt. The majority of cases of Erb's syndrome are caused by medical mistakes during childbirth. Doctors who choose the wrong kind of delivery tool or apply too excessive force during a vaginal birth or a c-section can stretch or tear the baby's brachial tube which can cause injury. Based on the circumstances of your case, you could be entitled to compensation for past and future medical expenses that are related to the injury. You can also recover damages for lost wages as well as other economic losses. You may also make a claim based on pain and suffering. It's important that you choose an attorney with experience in birth trauma cases. The lawyer will make sure that your claim will be able to cover all of the compensation you're entitled to. Gathering Evidence A successful lawsuit for Erb's palsy could result in compensation that covers the cost of a child's medical expenses, future treatment needs, and other damages. While no amount can compensate the costs of an injury to a child, holding medical professionals accountable and obtaining compensation can help families get back control of their lives. At this point in the litigation your lawyer will work with expert witnesses to study the medical records and determine if negligence was the cause of the injury. It could also be necessary to obtain additional documents, depositions of witnesses, and more. If lawyers have enough evidence to show that a doctor was negligent The lawyers will usually attempt to negotiate a settlement outside of court. This allows families to receive compensation quicker and eliminates the risk that a judge's decision could be rescinded through an appeal. If a settlement cannot be reached then your lawyer will prepare you for the possibility of a trial. In a trial in a courtroom, a jury or judge will listen to the arguments of both sides and determine if the healthcare professional's actions were reasonable under the circumstances. How to file a complaint Depending on the outcome of the case, you may receive compensation that will be used to pay for your child's treatment. A successful lawsuit will allow you to use your funds toward rehabilitation and assistive devices for your child. If erb's palsy lawyer aurora suspect that medical negligence is a cause of your child's Erb palsy, it is important to speak with an experienced attorney as soon as possible. Your lawyer will file a lawsuit on your behalf. The defendant will have a limited time to respond. Your lawyer can also request additional expert reports. Your attorney will make use of the information gathered during this phase to determine whether your doctor committed malpractice. If your doctor failed in his training to identify an issue that could be a risk and your child suffered injuries as a result of it, you may have grounds to file a lawsuit for medical malpractice. Your lawyer will then decide whether to settle the case or pursue a trial. A trial involves presenting your case in front of an impartial jury and a judge. Trial The brachialplexus is a group of nerves which runs from the spine up to the shoulder and arm. Medical professionals can cause Erb's palsy by pulling an infant too hard when they deliver the baby. A successful lawsuit could compensate families to cover the cost of treatment and other costs associated with the condition. The first step is to schedule a consult with an Erb's palsy lawyer and determine whether your child's injuries were the result of medical negligence during birth. Your attorney will examine the medical records of your child as well as other evidence to determine whether malpractice was the reason for the injury. Once you and your legal team agree that there was a mistake, they will file a court complaint. The defendants have 30 calendar days to respond. In this time each legal team will gather additional evidence in support of their own sides, including expert reports and personal testimony from witnesses. Both legal teams will then try to reach an agreement. If they are unable to agree to a settlement, the case will be tried before the jury and a judge.

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