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How an Erb's Palsy Lawsuit Can Ease Financial Burdens The medical expenses for parents of children with Erb's Palsy are astronomical. They will remain so throughout the lifetime of the child. A successful brachial-plexus lawsuit could reduce the financial burdens. The legal procedure of submitting an erb's palsy lawsuit is a complex one and requires the expertise of a malpractice lawyer in AZ. Each case is unique however the majority follow a similar pattern. Medical Records A lawyer will go through all medical records when researching an Erb's Palsy lawsuit. These records will be used for determining how much compensation the client could receive. This money can be used to cover future medical bills for surgeries, physical therapy, and other treatment options for the child's injuries. A lawyer will also consider the future economic loss that might occur due to their child's injury. These could include lost wages, costs for caregiving and other costs. An experienced malpractice attorney can estimate all possible damages for the client. Erb's syndrome occurs when brachial plexus nerves get stretched or damaged during labor. It's one of the most common types birth injuries and is often avoidable. Doctors who do not adhere to accepted guidelines for care during birth could be held accountable for medical negligence. Examples of this type of malpractice include: failing to perform C-sections correctly, pulling too hard on the shoulders or head and inappropriate use of tools such as forceps. Interviews with Experts The brachial nerve plexus is a set of nerves that controls arm movement. Erb's palsy can be caused by pulling the arm, neck or shoulder too excessively. The injury could affect a newborn's life quality, as they may not be able perform certain sports or everyday activities like putting on a t-shirt. Medical negligence during childbirth is the cause for the majority of Erb’s palsy cases. Doctors who use the wrong type of delivery equipment or apply excessive pressure during vaginal birth, or a c-section, can stretch or tear the brachial muscles of babies and cause an injury. Based on the circumstances of your case there may be compensation possible for both future and past medical expenses resulting from the injury. You can also recover damages if you've lost income or suffered other economic losses. You can also seek compensation for pain and suffering. It's important that you choose an attorney with experience in birth trauma cases. The lawyer will ensure that you receive all the damages you deserve. Gathering Evidence A successful Erb's palsy lawsuit could result in compensation that covers the costs of medical bills as well as future treatment requirements, and other damages. Although no amount of money will be able to compensate for a child's injury, holding medical professionals accountable and obtaining compensation can help families get back control of their lives. During this stage of the litigation, your lawyer will work with expert witnesses to analyze the medical records and determine if negligence caused the injury. It may be necessary to obtain other documents, witness depositions and many more. When erb's palsy lawsuit santa fe have sufficient evidence to show that a doctor has committed malpractice The lawyers usually attempt to negotiate a settlement of court. This will allow families to receive compensation faster and eliminates the risk of a trial verdict being overturned by an appeal. If a settlement is not reached, your lawyer will prepare you for an appeal. In a trial in a courtroom, a jury or judge will listen to the arguments of both parties and decide if the healthcare professional's actions were reasonable under the circumstances. How to file a complaint Depending on the outcome If the case is successful, you could receive compensation to pay for the treatment of your child. A successful lawsuit will allow you to use your funds towards the physical therapy and assistive devices for your child. If you suspect that medical negligence caused the Erb's palsy of your child then you must speak to an experienced attorney as soon as you can. Your lawyer will submit the complaint on your behalf. The defendant will have a limited time to respond. Your lawyer may also request additional expert reports. Your attorney will make use of the information gathered during this stage to determine whether your doctor was negligent. Doctors who deliver babies are trained to identify risk factors and if your doctor was unable to recognize one of these risks and your child suffered injury due to the negligence you may be able to file a medical malpractice claim. Your lawyer will decide if to accept a settlement or pursue a trial. A trial will involve presenting your case before jurors and a judge. Trial The brachialplexus is an accumulation of nerves that runs from the spine all the way to the arm and shoulder. When medical professionals pull a baby too hard during birth it could damage the nerves, causing Erb's palsy. Families could be awarded compensation for medical treatment and other expenses should they prevail in a lawsuit. To begin, you should set up a meeting with your attorney to determine if your child's injuries result from medical negligence prior to birth. Your lawyer will go over your child's medical records as well as other evidence to help you decide whether malpractice was the reason for the injury. If you and your legal team agree that negligence is the cause, they will file a complaint with the court. The defendants have 30 days to respond. During this period both legal teams will gather more evidence to support their sides like personal accounts and expert reports from witnesses. Then the legal teams will work to come to a settlement. If the two sides are unable to reach a resolution and the case is referred to a judge, it will be heard before a jury and judge.