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Erbs Palsy Litigation Legal action in the aftermath of your childs brachialplexus injury can bring your family and you closure The litigation process can be complex and requires an experienced lawyer If you are successful in your lawsuit your family will receive compensation for the medical expenses of your child as well as future treatment Find out more about the Erbs palsy litigation procedure The Legal Process Families file Erbs Psy lawsuits to get reimbursement for medical expenses and other losses The amount of money awarded in a settlement is contingent upon the specific situation of your child and the severity of their injuries but can easily soar into the thousands of dollars Many Erbs palsy lawsuits are settled out of court The lawyers of both the plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties This can significantly shorten the legal process and also prevent your family from facing a judge or jury However if your family cannot agree on a settlement you will have to go to trial This can also take a long time however it could result in a bigger award The brachial plexus is a set of nerves that regulate movement in the arm Forceful pulling on the neck head shoulders or arms during labor and deliveryfor example when doctors utilize forceps vacuum extractors or other tools excessively can cause damage to the nerves and cause Erbs palsy In many cases this injury is preventable Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause They also wish to spread awareness of this birth injury which could have been avoided In the past these lawsuits have helped families obtain an affordable settlement in order to ensure their childs future Mediation or Arbitration If your child was injured during the womb by medical negligence and has suffered brachial palsy an Erbs settlement for palsy can help cover the cost of their treatment This could include treatment therapy assistive devices and procedures Many lawsuits are settled outside of court This allows plaintiffs to receive compensation faster and eliminates the possibility that a court could invalidate a verdict handed down by a jury Your lawyer and hospitals attorneys will likely try to reach an agreement before the trial gets underway If youre not able to agree to a settlement your case will proceed to arbitration A neutral third party will listen to both sides and decide who wins the case This type of hearing is more informal than a court trial but it is important to provide witnesses and physical evidence You will also require copies of all legal documents as well as witnesses to be present at the hearing You can witness your witnesses attend the hearing or provide their statements using video conferencing erbs palsy law firm new haven need to be sent in advance to all witnesses so that they are aware of the requirement to be present at the hearing Also keep your witnesses phone numbers and addresses in the file in case you have to contact them as an upcoming witness Complaints in Court Many children with Erbs Palsy can overcome physical limitations through regular physical therapy Some may require surgery to repair damaged or separated nerve fibers However a significant number of children are not able to recover in any way and must live with the effects of this birth injury for the rest of their life Parents who believe that their childs Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation To determine the value of your case the lawyer will work with specialists in treating these conditions to create a costofliving estimate This will help determine the amount youre entitled to from the settlement you received for your Erbs syndrome Your lawyer can also assist you get copies of your childs medical records and determine whether the doctor who treated your childs diagnosis had a prior experience of malpractice If your lawyer has a clear understanding of the childs injuries then she will file a lawsuit against the defendants Both sides go through the discovery phase This includes exchanging evidence which includes expert opinions and depositions Additional medical documents are also included This is a crucial aspect of your legal action since it allows both sides to present their case Settlements can last for up to one year Settlement If your lawsuit for Erbs palsy is successful your lawyer might be able to obtain compensation to cover medical expenses and future treatment costs including adaptive devices and physical therapy You may be awarded damages for emotional trauma or loss of quality of living Your lawyer will require evidence to prove that a mistake caused the injury to the brachial nerve in your child This could include medical records witness statements as well as expert testimony Once your lawyer has collected the evidence they will bring a lawsuit against the defendants They are typically the medical professionals who gave your child The defendants will be given a specified amount of time in which to respond to the lawsuit during the discovery phase both sides will collect additional evidence to back their assertions Most lawsuits are settled outside of court rather than go to trial since its more costeffective for all parties involved If your attorney is confident that theyll win the case in court they may decide to go to the jury for a verdict A successful verdict could give families a sense of justice and help spread awareness about how to prevent future birth injuries If your verdict is not favorable to you then you may appeal the decision The process could take longer but it could increase the amount you get