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How an Erb's Palsy Lawsuit Can Ease Financial Burdens Parents of children suffering from Erb's Palsy are faced with huge medical costs throughout their child's lifetime. The benefits of an effective brachial plexus lawsuit can ease those financial burdens. The legal procedure of submitting an erb's psy lawsuit is a complex one and requires a skilled malpractice lawyer in AZ. Each case is unique however, the majority follow a similar pattern. Medical Records If a lawyer is investigating an Erb's Palsy lawsuit, they first look over all medical records. These records are used to determine the amount a person could be entitled to compensation. This compensation can be used to cover the current and future medical expenses for surgery, physical therapy, and other treatments relating to the child's injury. A lawyer will also take into consideration the potential economic losses that could result from the injury of their child. This could include lost earnings as well as the cost of caring for and other expenses. An experienced lawyer can calculate all potential damages for the client. Erb's palsy happens when the brachial plexus nerves are stretched out or damaged during labor. It's one of the most common birth injuries and is often preventable. Doctors who fail to adhere to accepted standards of care for babies during birth could be held accountable for medical negligence. Examples of this type of malpractice are: failing to perform C-sections, pulling too hard on the shoulders or head, and inadvertent use of tools, such as forceps. Interviews with Experts The brachialplexus, or brachial nerve, is a system which controls the movement of the arm. Erb's Palsy is caused by pulling the neck, arm or shoulder too hard. The injury could affect the quality of life of newborns, as they may not be able to take part in certain sports or do day-to-day things like buttoning a shirt. Medical negligence during childbirth is the cause for the vast majority of cases of Erb's Palsy. Doctors who use the wrong type of delivery tools or apply excessive pressure during a vaginal birth or csection could stretch or tear a baby's brachial plexus and cause an injury. Depending on the circumstances of your case you may be entitled to the compensation you deserve for past and future medical expenses related to the injury. You may also be able to claim damages for lost wages as well as other economic losses. You may also submit a claim based upon pain and suffering. It's important that you choose a lawyer with experience handling birth trauma cases. The attorney will make sure that you get all the damages that you deserve. Gathering Evidence A successful lawsuit for Erb's palsy could result in compensation that covers the cost of a child's medical expenses as well as future treatment requirements, and other damages. While no amount of money will be able to compensate for a child's injury, holding medical professionals accountable and winning compensation can help families gain back control of their lives. During this phase of litigation your lawyer will work with expert witnesses to analyze the medical records and determine if negligence caused the injury. It is also possible to get additional documents witness depositions, and much more. Once erb's palsy attorneys arlington heights have enough evidence to prove that the physician was negligent they typically try to reach a non-judicial settlement. This allows families to receive compensation quicker and avoids the possibility that a court verdict could be rescinded through an appeal. If the settlement is not feasible your lawyer will prepare for a trial. In a court case, the judge or jury will listen to the arguments of both parties and decide whether the healthcare professional's actions were reasonable in the context of the situation. Filing a Complaint Based on the outcome, you could be awarded an amount of money to help with the treatment of your child. If you win your lawsuit you could use the money to pay for assistance equipment and physical therapy for your child. If you suspect that medical negligence is a cause of your child's Erb palsy, it is important to speak to an experienced attorney as soon as possible. Your lawyer will submit the complaint on your behalf. The defendant has a short time to respond. Your lawyer can also request additional expert reports. Your lawyer will utilize the information gathered during this phase to determine whether your doctor committed malpractice. If your doctor was not able to follow his education to recognize an issue that could be a risk and your child was injured because of it and you are able to prove it, you could be able to bring a claim for medical malpractice. Your lawyer will then determine if to settle the case or proceed to trial. A trial would require you to present your case to jurors and a judge. Trial The brachial complex is a collection of nerves running from the spine to the shoulder and arms. Medical professionals can cause Erb's Palsy by pulling an infant too much when they deliver the baby. A successful lawsuit can be awarded to families compensation for treatment and other costs associated with the condition. The first step is to schedule a consult with an Erb's palsy attorney and determine whether your child's injuries were the result of medical negligence in the birth. Your attorney will review the medical documents of your child as well as other evidence in order to determine if malpractice is the reason for their injuries. After you and your legal team have agreed that malpractice is to blame the lawyers will submit a complaint to the court. The defendants will then have approximately 30 days to respond. During this period each legal team will gather additional evidence in support of their sides which could include expert reports as well as personal testimonies from witnesses. Then the legal teams will attempt to come to a settlement. If the two sides are not able to agree on a settlement and the case is referred to a judge, it will be heard in front of the jury and judge.