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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 expenses throughout the course of their child's life. A successful brachial-plexus lawsuit could ease financial burdens. The legal procedure to file a lawsuit against erb's paralysis is complex and requires the assistance of a skilled malpractice lawyer in Arizona. Each case is different, but the majority of cases follow a similar pattern. Medical Records A lawyer will examine all medical records when researching an Erb's Palsy lawsuit. These records will be used to determine how much the client could receive in compensation. This money can be used to pay for future and current medical expenses for surgeries, physical therapy, and other treatments that are related to the child's injuries. A lawyer will also take into account the potential economic losses that might occur due to their child's injury. These could include the loss of wages, caregiving costs as well as other costs. An experienced attorney will be able to calculate all potential damages for the client. Erb's Palsy is a condition that occurs when the brachial plexus nerves get stretched or damaged during labor. It's one of the most commonly occurring types of birth injuries and is usually prevented. Doctors who fail to follow the accepted standards of care during the birth can be held accountable for medical negligence. This type of malpractice includes the failing to perform C-sections properly or pulling too hard on the head or shoulders, and improper use of tools such as forceps. Interviews with Experts The brachial nerve plexus is a set of nerves that controls arm movement. A forceful pull on the neck, shoulder or arm that strains these nerves can cause damage and result in Erb's palsy. The injury could affect the quality of life of a newborn, as they might not be able do certain sports or everyday activities such as buttoning a t-shirt. Medical negligence during childbirth accounts for the vast majority of cases of Erb's Palsy. Doctors who use the wrong delivery tools or apply excessive pressure during vaginal birth, or a c-section, can stretch or tear the brachial plexus of a baby which can result in a laceration. Based on the circumstances of your situation, you may be entitled to the compensation you deserve for past and future medical expenses arising from the injury. You can also recover damages for lost wages as well as other economic losses. Additionally, you can file a claim for suffering and pain. It's important that you choose an attorney with experience in birth trauma cases. The attorney will make sure that you get all the damages that you deserve. Gathering erb's palsy lawyer suffolk could result into compensation for medical expenses incurred by a child and future treatment needs, and other damages. The amount of money you pay will not cover the cost of a child's injury. However, holding medical professionals responsible and gaining compensation can give families a bit of control over their lives. In this phase of the litigation, your lawyer will work with experts who will analyze the medical records and determine if negligence was the cause of the injury. It may be necessary to obtain additional documents, witness depositions and much more. If lawyers are able to gather enough evidence to show that a doctor was negligent They usually attempt to reach an out-of-court settlement. This will allow families to receive their compensation sooner and eliminates the risk of a verdict from a trial being overturned by appeal. However, if there is no settlement option then your lawyer will prepare for a trial. In a court trial a judge or jury will listen to the arguments of both sides and decide if the healthcare professional acted reasonable under the circumstances. Filing a Complaint If the case is successful If the case is successful, you could receive compensation to cover the treatment of your child. If you win your lawsuit you could use the money to fund rehabilitation equipment and physical therapy for your child. If you think that medical negligence was a factor in your child's Erb's syndrome and you believe that medical negligence was the cause, you should speak to an experienced attorney as soon as is possible. Your lawyer will file a complaint on your behalf. The defendant has a short time to respond. Your lawyer can also request additional expert reports. Your lawyer will use the information gathered during this process to determine whether your doctor acted in a negligent manner. 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 there is a possibility that you have grounds to file a lawsuit for medical malpractice. Your lawyer will decide whether or not to settle for a settlement or to pursue a trial. A trial is the process of presenting your case before an impartial jury and a judge. Trial The brachialplexus is an accumulation of nerves running from the spine upwards to the shoulder and arm. When medical experts pull an infant too hard during birth this can cause damage to the nerves and lead to Erb's palsy. A successful lawsuit could award families with compensation for treatment and other expenses related to the condition. To begin, you should consult with a lawyer to determine if your child's injuries result from medical negligence at birth. Your attorney will review the medical documents of your child as well as other evidence in order to determine if negligence is at fault for their injuries. If you and your legal team agree that malpractice is at fault the lawyers will submit a complaint to court. The defendants will have 30 days to respond. In this time the legal teams will collect more evidence to support their positions for example, personal accounts and expert reports from witnesses. The legal teams will attempt to reach a settlement. If the two sides are not able to agree on a settlement, then the case will be tried before jurors and a judge.