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How an Erbs Palsy Lawsuit Can Ease Financial Burdens Parents of children suffering from Erbs Palsy are faced with huge medical expenses throughout their childs lifetime A successful brachialplexus lawsuit may reduce financial burdens The legal process of filing an erbspalsy lawsuit is complex and requires a skilled malpractice lawyer in AZ Each case is unique but the majority follow a similar pattern Medical Records If a lawyer is investigating an Erbs palsy lawsuit they first look over all medical records These records will be used to determine how much the client could receive in compensation This compensation can be used to pay for the current and future medical expenses for surgeries physical therapy as well as other treatments associated with the childs injuries A lawyer will also take into consideration the future economic consequences which could be incurred due to the injuries suffered by their child This could include lost wages as well as the cost of caring for as well as other costs An experienced lawyer can estimate all possible damages for the client Erbs Palsy occurs when the brachialplexus nerves get stretched or damaged in labor Its among the most common birth injuries and its often prevented Medical negligence can be charged against doctors who fail to adhere to accepted guidelines for the delivery of babies erbs palsy lawyer league city of malpractice can include failure to perform Csections and pulling too hard on the head or shoulders and the improper use of tools like forceps Interviews with experts The brachialplexus nerve is a bundle that regulates the movement of the arm When you forcefully pull your arm shoulder or neck that causes nerves to stretch can cause damage and eventually lead to Erbs palsy The injury can affect the quality of life of newborns because they may not be able perform certain activities or sports such as buttoning a tshirt The vast majority of Erbs palsy cases are caused by medical negligence during childbirth Doctors who use the wrong delivery equipment or apply excessive pressure during vaginal birth or csection could stretch or tear a babys brachial plexus resulting in an injury Based on the circumstances of your case you could be entitled to the compensation you deserve for past and future medical expenses that are related to the injury Additionally you can claim damages if youve lost wages or suffered any other economic losses You may also seek a claim on the basis of pain and suffering Its important that you choose an attorney who has experience in handling birth trauma cases The lawyer will ensure that your claim will be able to cover all of the damages you deserve Gathering Evidence A successful Erbs palsy suit could result in compensation for a childs medical expenses as well as future needs for treatment and other damages Although no amount of money can make up the costs of an injury to a child making medical professionals accountable and winning compensation for families can help them get back control of their lives In this phase of the litigation your lawyer will collaborate with experts who will analyze the medical records and determine if negligence caused the injury It may also be necessary to get additional documents including depositions of witnesses and many more If lawyers are able to gather enough evidence to prove that a doctor was negligent they typically try to reach a nonjudicial settlement This allows families to receive their compensation sooner and also avoids the possibility of a verdict from a trial being overturned in an appeal However if it is not possible to settle the case the attorney will prepare for a trial In a court trial a jury or judge will listen to the arguments of both parties and decide if the healthcare professional was acting in a reasonable manner in the context of the situation Making a Complaint Depending on the outcome the outcome could award you compensation to cover the treatment of your child If you win your lawsuit you can use the money to fund physical therapy and assistive equipment for your child If you think that medical negligence contributed to your childs Erbs syndrome and you believe that medical negligence was the cause you should speak to an experienced attorney as soon as you can Your lawyer will make the complaint 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 process to determine if your doctor acted in a negligent manner If your doctor failed in his education to recognize the risk factors and your child was injured as a result you may have grounds to file a lawsuit for medical malpractice Your lawyer will then decide whether to settle the case or proceed to trial A trial involves the presentation of your case to the jury and a judge Trial The brachialplexus is a group of nerves that runs from the spine upwards to the arm and shoulder When medical professionals pull an infant too hard during the delivery process this can damage the nerves causing Erbs palsy A successful lawsuit can be awarded to families compensation to cover the cost of treatment and other expenses related to the condition To begin you should arrange a consultation to determine if your childs injuries result from medical negligence prior to birth Your attorney will examine your childs medical records and other evidence to help you determine whether or not malpractice was responsible for the injury If 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 In this time both legal teams will collect more evidence to support their positions like expert reports and personal accounts from witnesses Then the legal teams will attempt to reach a settlement If both sides are unable to agree on a settlement and the case is referred to a judge it will be tried in front of the jury and judge