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Erbs Palsy Litigation The legal process in the aftermath of your childs brachialplexus injury can help bring you and your family closure The process of litigation can be complicated and requires a skilled lawyer A successful lawsuit may award your family compensation for your childs medical bills and any future treatment Learn more about the Erbs palsy lawsuit procedure The Legal Process Families file lawsuits against Erbs palsy to obtain reimbursement for medical expenses and other losses The amount of money awarded in a settlement will depend on your childs specific case and the extent of their injuries but it can easily go into the thousands of dollars Many cases involving Erbs palsy have been settled without court The lawyers for both the plaintiff and defendant will work together to find an acceptable settlement to both parties This can drastically reduce the legal process and also prevent your family from having to face a judge or jury However if your family is unable to reach the terms of settlement youll need to go to trial This could take a long time however it could result in a larger award The brachial area is a group of nerves which control movement in the arm A forceful pull on the neck head arms or shoulders during labor and birth such as when doctors employ forceps or vacuum extractors excessively can cause damage to these nerves causing Erbs palsy In many instances the injury is preventable Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause They also wish to spread awareness about the birth injury that could have been prevented In the past these lawsuits helped families get an affordable settlement in order to ensure their childs future Arbitration or Mediation If your child was injured by a brachial plexus injury during the womb as a result of medical negligence an Erbs palsy settlement can help pay for their treatment This could include treatment therapy devices assistive devices and operations Many lawsuits settle out of court This means that plaintiffs can receive compensation faster and prevents the possibility of a court overturning a jury verdict Your lawyer and the hospitals lawyers are likely to seek a settlement prior to when the trial gets underway If youre unable to reach a settlement your case will be sent to arbitration A neutral third party will listen to both sides and decide who is the winner of the case erbs palsy law firm lakeland of hearing can be more informal than a trial however its important to present witnesses and evidence to the proceedings Also you must have copies of all your legal documents and witnesses in order to present them at the hearing You can choose to invite your witnesses to the hearing or give statements via videoconferencing You must ensure that all your witnesses are aware they are required to attend the hearing by submitting subpoenas before the hearing In addition you must have your witnesses addresses and phone numbers in case in case they are called as witnesses in the future Complaints in the Court Many children with Erbs Palsy can overcome physical limitations through intensive daily physical therapy Some will require surgery to repair sprained or damaged nerve fibers Many children will never recover and have to live suffering the effects of this birth injury Parents who believe their childs Erbs palsy was the result of medical negligence during the delivery process are entitled to seek fair compensation for their childs injuries To determine the worth of your case your lawyer will collaborate with specialists in treating these ailments to develop a lifetime costofliving estimate This helps determine how much you are entitled to receive from your settlement for Erbs Palsy Your lawyer can also help you obtain copies of your childs medical records and determine whether the doctor who treated your child had a previous experience of malpractice Once your lawyer understands the harms your child has suffered she will make a claim against the defendants Both sides will go through the discovery process that involves exchanging evidence like expert opinions depositions medical records and more This is a crucial aspect of your legal proceedings because it gives both sides the chance to construct their arguments It could take up to an entire year before you can negotiate a settlement Settlement If your ErbsPallsy lawsuit is a success your lawyer might be able to secure compensation to pay for medical expenses future treatment costs and adaptive devices along with physical therapy You may also be awarded damages for emotional trauma as well as loss of quality of life Your lawyer will need evidence to prove that malpractice caused the brachial plexus injury in your child This could include medical records testimony from witnesses as well as expert testimony After your lawyer has gathered the evidence they will bring the lawsuit against the defendants which are usually the medical professionals who delivered your child The defendants will be given a specific amount of time in which to respond to the lawsuit and during this discovery phase each side will gather additional evidence to prove their assertions Most lawsuits are settled outside of court rather than go to trial because its cheaper for all parties involved If your attorney is convinced that they will win the case in court and decides to try to get the jury for a verdict A successful verdict in a birth injury lawsuit could provide families with a sense justice and raise awareness and prevent these types of injuries from happening in the future However if the verdict is not in your favor You can appeal the decision While this process can take longer however it could also increase the amount of the compensation you receive