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How an Erb's Palsy Lawsuit Can Ease Financial Burdens Parents of children suffering from the condition Erb's palsy have to pay huge medical costs throughout the lifetime of their child. A successful brachial-plexus lawsuit could help ease financial burdens. erb's palsy lawsuit michigan of filing an erb's palsy lawsuit is a complex one and requires experienced malpractice lawyers in AZ. Each case is unique however the majority follow the same pattern. Medical Records If a lawyer is investigating an Erb's-palsy lawsuit they first examine all medical records. These records will be used for determining how much compensation a client may receive. This compensation could be used to cover the cost of future and current medical expenses for surgical, physical therapy and other treatments that are related to the child's injuries. A lawyer should also consider the economic damages that could occur due to the injuries suffered by their child. These might include lost wages, the cost of caregiving and other costs. A seasoned malpractice attorney can estimate the damages that could be incurred by a client. Erb's spalsy occurs when brachial-plexus nerves become stretched or damaged in labor. It is one of the most common birth injuries and is often preventable. Doctors who don't adhere to accepted standards of care during the birth can be held accountable for medical negligence. This type of malpractice could include the inability to perform C-sections and pulling too hard on shoulders or head, and the improper use of tools like forceps. Interviews with experts The brachialplexus is a nerve that regulates the movement the arm. Forceful pulling on the shoulder, neck or arm that stretches these nerves can cause damage and result in Erb's palsy. The injury could affect the quality of life of newborns, because they may not be able to participate in certain sports or do everyday activities such as buttoning a t-shirt. The vast majority of cases of Erb's Palsy result from medical mistakes during childbirth. Doctors who use the incorrect type of delivery instrument or apply too excessive force during vaginal or c-section birth can stretch or tear the baby's brachial tube, leading to injury. Depending on the circumstances of your case, you could be entitled to the compensation you deserve for past and future medical expenses resulting from the injury. Additionally, you can claim damages for lost wages as well as other economic losses. You may also submit a claim based upon suffering and pain. It is important to select an attorney with experience in dealing with birth trauma cases. The lawyer will ensure that you are compensated for all damages that you deserve. Gathering Evidence A successful Erb's palsy suit could result in compensation for a child’s medical expenses, future needs for treatment, and other damages. Although no amount of money can make up the child's injuries, making medical professionals accountable and obtaining compensation for families can help them get back control of their lives. During this phase of legal process, your lawyer will work with experts to review medical records and determine whether negligence was the cause of the injury. It is possible to obtain other documents, witness depositions and much more. Once the lawyers have enough proof to prove that a medical professional was negligent They usually attempt to negotiate a settlement outside of court. This process allows families to receive compensation quicker and avoids the possibility that a verdict from a trial could be overturned by an appeal. However, if the settlement is not feasible, your attorney will prepare for a trial. In the course of a trial the judge or jury will listen to both parties arguments and decide if the healthcare professional was acting in a reasonable way in the circumstances. Making a Complaint Depending on the outcome of the case, you could be awarded a compensation amount that can assist in the cost of your child's treatment. If you win your lawsuit you can use the winnings to fund rehabilitation equipment and physical therapy for your child. If you suspect medical negligence was a factor in your child's Erb palsy, it is crucial to consult an experienced attorney as soon as possible. Your lawyer will file a lawsuit on your behalf. The defendant has a limited time to respond. Your lawyer can also request additional expert reports. Your attorney will use the information gathered during this phase to determine if the doctor you saw committed malpractice. If your doctor failed in his training to identify the risk factors and your child suffered injuries as a result there is a possibility that you have grounds to file a claim for medical malpractice. Your lawyer will then decide whether to settle the case or go to trial. A trial involves making your case known to an impartial jury and a judge. Trial The brachialplexus comprises a set of nerves that runs from the spine all the way to the arm and shoulder. If medical professionals pull an infant too hard during delivery this can cause damage to the nerves and cause Erb's palsy. Families could be awarded compensation for treatment costs and other expenses when they win a lawsuit. To begin, you must consult with a lawyer to determine if your child's injuries are due to medical negligence prior to birth. Your lawyer will look over the medical records of your child and other evidence to help you determine whether or not malpractice was responsible for the injury. Once you and your legal team agree that you are at fault for the malpractice and they have agreed to make a court complaint. The defendants then be given a period of 30 days to respond. During this time, both legal teams will gather more evidence to support their claims including personal accounts and expert reports from witnesses. Then the legal teams will try to come to a settlement. If they are not able to resolve the matter, it will be heard in front of the jury and a judge.