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How an Erb's Palsy Lawsuit Can Ease Financial Burdens Parents with children who suffer from the condition Erb's palsy have to pay huge medical costs throughout the lifetime of their child. The compensation from an effective brachial-plexus lawsuit could ease the financial burden. The legal procedure for filing a lawsuit against the condition is complicated and requires the assistance of experienced malpractice attorneys in Arizona. Each case is different however, the majority follow a similar pattern. Medical Records A lawyer will look over the medical records of every patient when investigating an Erb's Palsy lawsuit. These records will be used in determining the amount of compensation that a client might receive. This compensation can help cover future medical bills for surgeries, physical therapy, and other treatments for the child's injury. A lawyer will also take into account the future economic loss that might occur due to the child's injuries. These might include lost wages, the cost of caregiving and other expenses. A seasoned malpractice attorney can estimate the possible damages for a client. Erb's spalsy occurs when brachial-plexus nerves are stretched or damaged in labor. It is one of the most frequent birth injuries and is often preventable. Medical negligence is a crime that can be brought against doctors who fail to follow accepted standards of care when delivering an infant. Examples of this type of malpractice are: failing to perform a C-section, pulling too hard on the head or shoulders as well as inadvertent use of tools, such as forceps. Interviews with Experts The brachial plexus is a group of nerves that controls movement of the arm. Forceful pulling on the arm, shoulder or neck that strains these nerves could cause damage and result in Erb's palsy. The injury can impact a newborn's quality of life in that they might not be able to participate in certain sports or engage in daily tasks like buttoning a shirt. The vast majority of cases of Erb's palsy result from medical negligence during childbirth. Doctors who choose the wrong type of delivery equipment or apply excessive pressure during vaginal birth or c-section can stretch or tear the brachial muscles of babies which can result in a laceration. 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 seek damages for lost wages and other economic losses. Moreover, you can bring a claim for suffering and pain. It is important to choose an attorney with experience handling birth trauma cases. erb's palsy attorneys tennessee will ensure your claim accounts for all of the damages you're entitled to. Gathering Evidence A successful Erb's suit could result in compensation for a child’s medical expenses as well as future needs for treatment, and other damages. While no amount will be able to compensate the child's injuries, holding medical professionals accountable and obtaining compensation can help families gain back some control over their lives. During this phase of litigation your lawyer will collaborate with expert witnesses to analyze the medical records and determine if negligence was the cause of the injury. It could be necessary to obtain additional documents, witness depositions, and many more. When lawyers have enough evidence to show that a medical professional was negligent, they usually try to reach a non-judicial settlement. This process allows families to receive compensation more quickly and eliminates the risk that a trial verdict might be overturned through an appeal. If a settlement cannot be reached the lawyer will prepare you for a trial. In a court trial, jurors or judges will listen to the arguments of both sides and determine if the healthcare professional's actions were reasonable under the circumstances. Filing a Complaint If the case is successful If the case is successful, you could receive compensation to help pay for the treatment of your child. A successful lawsuit could allow you to use your funds towards rehabilitation and assistive devices for your child. If you believe that medical negligence played a role in the Erb's palsy of your child, you should talk to an experienced attorney as soon as possible. Your lawyer will file a complaint on behalf of you. The defendant is given a certain time to respond. Your lawyer can also request additional expert reports. Your attorney will use information gathered in this phase to determine whether your doctor committed malpractice. If your doctor erred in his education to recognize the risk factors and your child was injured due to 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 is the process of presenting your case in front of jurors and judges. Trial The brachial plexus is a set of nerves that connect the spine to the shoulders and arms. Medical professionals can cause Erb's palsy by pulling the infant too hard when delivering the baby. Families may be compensated for treatment and other costs should they prevail in a lawsuit. To begin, schedule a consultation to determine if your child's injuries are due to medical negligence at birth. The lawyer will look over 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 agree that malpractice is at fault the lawyers will file a complaint with the court. The defendants will have 30 days to respond. During this period the legal teams will collect more evidence to support their positions for example, expert reports and personal accounts from witnesses. The legal teams will attempt to come to an agreement. If both sides are unable to reach a settlement then the case will be decided before the jury and judge.