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How an Erb's Palsy Lawsuit Can Ease Financial Burdens The medical costs for parents of children who suffer from Erb's psy are staggering. They will continue to be so throughout the life of the child. erb's palsy lawsuit colorado springs involving brachial plexus may ease the financial burdens. The legal process of submitting an erb's palsy lawsuit is a complex one and requires the expertise of a malpractice lawyer in AZ. Each case is unique, but the majority follow a common pattern. Medical Records When a lawyer investigates an Erb's-palsy lawsuit they first examine all medical records. These documents will be used in determining the amount of compensation that a person could be entitled to. This compensation could be used to pay for future and current medical expenses for surgery, physical therapy, and other treatments that are related to the child's injury. A lawyer should also consider the economic damages which could be incurred due to the injuries suffered by their child. These could include lost wages as well as the cost of caring for and other costs. An experienced lawyer can estimate all potential damages for the client. Erb's spalsy occurs when brachial-plexus nerves get stretched or damaged during labor. It's one of the most frequent birth injuries, and it's often avoidable. Medical negligence is a crime that can be brought against doctors who do not adhere to accepted standards of care when delivering the baby. Examples of this kind of malpractice include: failure to perform C-sections, pulling too hard on the head or shoulders, and inadvertent use of tools, such as forceps. Interviews with Experts The brachial plexus is a bundle of nerves that regulates arm movement. Erb's palsy can be caused by pulling the arm, neck or shoulder too excessively. The injury could affect the quality of life of a newborn, since they may not be able to participate in certain sports or everyday activities like buttoning a shirt. The vast majority of cases of Erb's palsy are caused by medical negligence during childbirth. Doctors who use the wrong type of delivery equipment or apply excessive pressure during vaginal birth or c-section may stretch or tear the brachial plexus of a baby which could result in injury. Depending on the circumstances of your case you may be entitled to compensation for future and past medical expenses that are related to the injury. You may also claim damages if you have lost your wages or suffered other economic losses. You may also make a claim based on suffering and pain. It's important that you choose an attorney with experience in birth trauma cases. The lawyer will make sure that your claim will be able to cover all of the damages you are entitled to. Gathering Evidence A successful Erb's palsy lawsuit could result in compensation that covers the cost of a child's medical expenses, future treatment needs, and other damages. Although no amount of money can compensate the costs of an injury to a child, holding medical professionals accountable and obtaining compensation for families can help them get back some control over their lives. In this phase of litigation, your lawyer will collaborate with experts to review medical records to determine if negligence caused the injury. It could also be necessary to get additional documents including depositions of witnesses and many more. Once the lawyers have enough evidence to prove that a doctor was negligent The lawyers usually attempt to negotiate a settlement of court. This process allows families to receive their money more quickly and also eliminates the possibility that a court verdict could be rescinded through an appeal. If a settlement is not reached, your lawyer will prepare you for a trial. In a trial where a jury or judge will listen to both parties argument and decide whether the healthcare professional was acting in a reasonable way under the circumstances. Making a Complaint Based on the outcome If the case is successful, you could receive compensation to help pay for the treatment of your child. A successful lawsuit will allow you to put your money toward the physical therapy and assistive devices for your child. If you believe that medical negligence played a role in your child's Erb's syndrome it is important to speak with an experienced attorney as soon as is possible. 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 stage to determine whether the doctor you saw committed malpractice. If your doctor erred in his education to recognize a risk factor and your child suffered injuries as a result, you may have grounds to bring a claim for medical malpractice. Your lawyer will decide whether or not to accept a settlement, or to proceed to trial. A trial involves making your case known to jurors and judges. Trial The brachial plexus is a set of nerves which run from the spine to the shoulders and arms. If medical experts pull an infant too hard during the delivery process, this can damage the nerves and lead to Erb's palsy. A successful lawsuit could award families with compensation to cover the cost of treatment and other expenses related to the condition. The first step is to set up a meeting with an Erb's palsy lawyer and determine whether your child's injuries were the result of medical negligence in the birth. Your lawyer will examine the medical records of your child and other evidence in order to determine whether malpractice is to blame for their injury. After you and your legal team have agreed that there was a mistake and they have agreed to make a court complaint. The defendants have approximately 30 days to respond. In this time, both legal teams will gather more evidence to support of their respective sides which could include expert reports as well as personal testimony from witnesses. Then the legal teams will attempt to come to a settlement. If they are not able to resolve the matter, it will be heard in front of jurors and a judge.