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Erbs Palsy Litigation Legal action in the aftermath of your childs brachial plexus injury can help bring you and your family closure However the litigation process is complex and requires expert legal representation A successful lawsuit could award your family compensation for childs medical bills and future treatment Learn more about the Erbs palsy lawsuit process The Legal Process Families file Erbs Palsy lawsuits to seek the cost of medical treatment and other losses The amount of money awarded will depend on the severity of your childs injuries and the particular case It could easily be millions of dollars Many of Erbs palsy lawsuits have been resolved outside of court The lawyers of both the plaintiff and the defendant will work together to find an agreement that is acceptable to both parties This can significantly speed up the legal process and save your family from facing a judge or jury If your family members cannot reach a settlement you will have to go to trial This can take a considerable amount of time but it could also result in a larger amount The brachial nerves control the movement of the arm During labor and delivery excessive forceful pulling on the neck head or shoulders or on the arms can cause damage to these nerves leading to Erbs Palsy This injury is often preventable Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause They also want to create awareness of the birth injury that could have been prevented In the past these lawsuits have helped families obtain an affordable financial settlement that helped their childs future Mediation or Arbitration If your child has suffered an injury to the brachial plexus during birth due to medical negligence an Erbs palsy settlement could help you to pay for the treatment This may include therapy treatment aids assistive devices as well as operations Many lawsuits settle out of court This lets plaintiffs receive compensation quicker and reduces the possibility that a judge could reverse a verdict given by jurors Your lawyer and hospitals lawyers are likely to seek a settlement before the trial begins If you cannot reach an agreement the case will be taken to arbitration A neutral third party will hear both sides and determine who wins the case This type of hearing is more informal than a court trial however it is crucial to provide witnesses and physical evidence You will also require copies of all legal documents and witnesses to appear at the hearing You may either invite your witnesses to the hearing or submit their statements via videoconferencing You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas in advance Additionally you should keep your witnesses addresses and phone numbers in case in the event that they are needed as a witness in the future Complaints in the Court Many children who suffer from the condition ErbsPalsy can overcome physical limitations through daily physical therapy Some may require surgery to fix torn or damaged nerve fibers A significant number of children do not recover and are forced to live their lives suffering the effects of this birth injury Parents who believe that their childs Erbs syndrome was the result of medical negligence during the delivery procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child To determine the value of your case the lawyer will work with specialists in treating these ailments to develop a lifetime costofliving estimate This will help you determine the amount of compensation youre entitled to from your Erbs palsy settlement Your lawyer will also help you get copies of the medical records for your child and determine if the doctor who was involved in the birth of your child had an history of similar malpractice cases Once erbs palsy law firm miami gardens has a thorough understanding of your childs injuries after which she will file a lawsuit against the defendants Both sides will undergo the discovery phase that involves exchanging evidence like expert opinions depositions medical documents and so on This is a crucial aspect of your legal proceeding since it allows both sides to present their case Settlements can last up to one year Settlement If your ErbsPallsy lawsuit is a success your lawyer might be able to secure compensation to pay for medical costs as well as future treatment costs adaptive devices in addition to physical therapy You may be awarded damages for emotional trauma or loss of quality of living Your lawyer will require evidence to show that malpractice caused the injury to the brachial area in your child This could include medical records as well as witness statements as well as expert testimony After your lawyer has gathered the evidence he or she will start a lawsuit against defendants These are usually the medical professionals that provided your child with The defendants are given a certain amount of time to respond to the suit and during this discovery phase both sides will collect additional evidence to support their claims Most lawsuits are settled outside of court rather than going to trial due to the fact that it is cheaper for everyone involved If your attorney is confident that they can win the case at trial it could be decided to try to get an appeal to a jury verdict A successful verdict will give families a sense of justice and raise awareness about how to prevent future birth injuries However if the verdict is not in your favor it is possible to appeal the decision Although this process may take more time but it also can increase the amount of compensation you receive