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How an Erb's Palsy Lawsuit Can Ease Financial Burdens The medical expenses for parents of children who suffer from Erb's psy are staggering. They will remain so throughout the life of the child. A successful brachial-plexus lawsuit could help ease the financial burdens. erb's palsy lawyer baltimore of submitting an erb's palsy lawsuit can be complicated and requires the expertise of a malpractice lawyer in AZ. Each case is unique however, the majority of cases follow the same pattern. Medical Records A lawyer will go through all medical records when looking into an Erb's palsy lawsuit. These records will be used in determining the amount of compensation a client may receive. This money can be used to cover future medical expenses for surgeries, physical therapy and other treatment options for the child's injuries. A lawyer will also consider the future economic losses that may result from the injury of their child. These could include lost wages, caregiving costs and other expenses. An experienced attorney can estimate any damages that could be possible for the client. Erb's palsy happens when the brachial plexus nerves are stretched or damaged during labor. It's one of the most common birth injuries, and is often prevented. Medical negligence can be charged against doctors who do not adhere to accepted guidelines for the delivery of the baby. This kind of negligence includes: inability to perform C-sections and pulling too hard on the head or shoulders and the improper use of tools like forceps. Interviews with Experts The brachialplexus is a bundle that controls the movement of the arm. The forceful pulling of the shoulder, neck or arm that strains these nerves could cause damage and lead to Erb's palsy. The injury can affect the quality of life of a newborn, as they may not be able to participate in certain sports or perform day-to-day activities like buttoning their shirt. The vast majority of Erb's palsy cases result from medical negligence during childbirth. Doctors who choose the wrong type of delivery equipment or apply too much pressure during a vaginal birth, or a c-section, can stretch or tear the brachial muscles of babies which could result in injury. Depending on the circumstances of your particular case, you could be entitled to compensation for past and future medical expenses resulting from the injury. You may also claim damages if you have lost wages or suffered any other economic losses. In addition, you can make a claim for pain and suffering. It is important to select an attorney who is experienced in handling birth trauma cases. The attorney will make sure that you receive all the compensation you're entitled to. Gathering Evidence A successful Erb’s palsy suit could result in a settlement for a child’s medical expenses and future treatment needs and other damages. A sum of money cannot cover the cost of a child's injury. However having medical professionals held accountable and gaining compensation can provide families with some control over their life. During this stage of the litigation your lawyer will work with expert witnesses to study the medical records and determine if negligence caused the injury. It could also be necessary to get additional documents and depositions of witnesses and many more. Once the lawyers have enough evidence to show that a doctor committed malpractice The lawyers usually attempt to negotiate a settlement outside of the court. This procedure allows families to receive compensation more quickly and also eliminates the possibility that a judge's decision could be overturned through an appeal. However, if a settlement is not possible, your attorney will prepare for a trial. In the course of a trial where a jury or judge will listen to both parties arguments and determine whether the healthcare professional acted in a reasonable manner under the circumstances. Filing a Complaint If the case is successful, depending on the outcome of the case, you may receive compensation that will aid in paying for your child's treatment. If you win your lawsuit, you can use the money to fund physical therapy and assistive equipment for your child. If you believe that medical negligence contributed to your child's Erb's palsy and you believe that medical negligence was the cause, you should speak to an experienced attorney as soon as you can. Your lawyer will file a complaint on your behalf. The defendant has a limited time to respond. Your lawyer can also request additional expert reports. Your lawyer will use the information gathered during this phase to determine if the doctor you saw committed malpractice. If your doctor was not able to follow his education to recognize the risk factor and your child suffered injuries as a result and you are able to prove it, you could be able to bring a claim for medical malpractice. Your lawyer will decide if to accept a settlement, or to pursue a trial. A trial involves presenting your case in front of an impartial jury and a judge. Trial The brachial plexus is a group of nerves that connect the spine to the shoulder and arms. If medical experts pull an infant too hard during birth it can cause damage to the nerves and cause Erb's palsy. A successful lawsuit could be awarded to families compensation to cover treatment and other expenses related to the condition. To begin, you should set up a meeting with your attorney to determine if the injuries suffered by your child are the result of medical negligence during birth. Your lawyer will look over your child's medical records as well as other evidence to determine whether malpractice was the reason for the injury. After you and your legal team agree that you are at fault for the malpractice and they have agreed to file a lawsuit in court. The defendants have approximately 30 days to respond. During this time, both legal teams will gather more evidence to support of their sides, including expert reports and personal testimony from witnesses. Then the legal teams will work to come to a settlement. If the two sides are not able to reach a settlement then the case will be heard in front of the jury and judge.