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Erbs Palsy Litigation Taking legal action in the aftermath of your childs brachial plexus injury can help bring you and your family closure However the process of litigation is complex and requires expert legal representation A successful lawsuit could award your family compensation for your childs medical bills and future treatment Find out more about the Erbs Palsy lawsuit procedure The Legal Process Families file ErbsPalsy lawsuits to seek reimbursement for medical expenses and other losses The amount of money awarded in a settlement depends on your childs specific case and the extent of their injuries but can easily soar into the millions of dollars Many cases involving Erbs palsy settle out of court erbs palsy attorney sandy representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties This could speed up the legal process by a significant amount and prevent your family from having a judge or jury decide the case If your family members are unable to reach a settlement the family will have to appear in the court This can take a considerable amount of time however it can also result in a bigger award The brachial area is a group of nerves that control movement within the arm Forceful pulling on the neck head shoulders or arms during labor and birth such as when doctors utilize forceps vacuum extractors or other tools in excess can damage these nerves and lead to Erbs palsy This condition is usually preventable Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause They also want to raise the word about this birth injury which could have been prevented In the past these lawsuits have helped families obtain an equitable financial settlement to help their childs future Arbitration or Mediation If your child has suffered an injury to the brachial nerve in the womb due to medical negligence an Erbs settlement could help you pay for their care This could include therapy treatment as well as assistive devices and operations Many lawsuits are settled outside of court This allows plaintiffs to get compensation faster and avoids the possibility that a court could invalidate a verdict handed down by the jury Your lawyer and hospitals attorneys will likely try to come to an agreement before the trial gets underway If you are unable to reach an agreement your case will go to arbitration A neutral third party will consider both sides and decide who is the winner of the case The hearing may be more informal than a trial however it is important to provide witnesses and evidence in the proceedings Also you must have copies of all your legal documents and witnesses to present them at the hearing You can choose to witness your witnesses attend the hearing or give statements using video conferencing Subpoenas must be sent in advance to all witnesses to ensure that they are aware of the requirement that they attend the hearing You must also keep the names of witnesses telephone numbers and addresses on file in case you have to contact them for witnesses in the future Complaint in Court Many children with Erbs Pallsy can overcome physical limitations through regular physical therapy Some children require surgery to repair the torn nerve fibers A large number of children will never recover and have to live suffering from the effects of this birth injury Parents who believe that their childs Erbs palsy was the result of medical negligence during the birth process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child Your lawyer will work with doctors who are experts in treating this condition to create the lifetime cost of living estimate This will help you determine the amount of compensation you are entitled to under your Erbs palsy settlement Your lawyer will also help you get copies of your childs medical records and determine if the doctor who performed your childs birth had prior experience with similar malpractice cases Once your lawyer understands the injuries of your child she will make a claim against the defendants Both sides will go through the discovery process which involves exchanging evidence such as expert opinions depositions and medical records and more This is a crucial part of your legal case as it allows you to construct your case Settlements can take as long as one year Settlement If your lawsuit for Erbs palsy is successful your lawyer might be able to get compensation that covers medical costs and future treatment costs which include adaptive devices and physical therapy You could be awarded damages due to emotional trauma or loss of quality of life Your lawyer will need evidence to prove that malpractice caused the brachial plexus injury in your child This may include medical records and witness statements as well as expert testimony Once your attorney has gathered this evidence theyll file the lawsuit against the defendants who are usually the medical professionals who gave your child The defendants will then be given a certain amount of time in which to respond to the lawsuit during this discovery stage each side will gather more evidence to support their assertions Most lawsuits are settled out of court rather than go to trial because its cheaper for all parties involved If your attorney is confident that they can win the case in court they may decide to pursue it to an appeal to a jury verdict A successful verdict will give families a sense of justice and help spread awareness about how to avoid any future birth injuries However if your verdict is not favorable to you you can appeal the decision Although this process may take more time however it could also increase the amount of the compensation you receive