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Erbs Palsy Litigation Legal action after your childs injury to the brachial plexus could aid you and your family find closure The process of litigation can be complex and requires an experienced lawyer If you win your lawsuit your family can be awarded compensation for the medical expenses of your child and future treatment Find out more about the Erbs palsy litigation procedure The Legal Process Families file Erbs Palsy lawsuits to seek compensation for medical costs and other losses The amount of money offered in a settlement depends on your childs specific case and the severity of their injuries but can easily soar into the thousands of dollars Many of the lawsuits involving Erbs Psy settle out of court The lawyers of both the plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties This can shorten the legal process significantly and prevent your family from having a judge or jury decide on their case However if the family members cannot reach the terms of settlement youll need to go to trial This could take a long amount of time but could also result in a larger award The brachial nerves regulate the movement of the arm Forceful pulling on the neck head arms or shoulders during labor and birthfor example when doctors make use of forceps or vacuum extractors excessively can harm these nerves and cause Erbs palsy In many cases this injury can be prevented Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause They also want to create awareness about this birth injury that could have been prevented In the past these lawsuits allowed families to obtain an equitable financial settlement and get their childs life back on track Arbitration or Mediation If your child suffered an injury to the brachial nerve during pregnancy due to medical negligence an Erbs palsy settlement can help pay for their treatment This may include therapy treatment devices assistive devices and procedures Many lawsuits are settled out of court This lets plaintiffs receive their compensation faster and prevents the possibility of a judge refusing to uphold a verdict of a jury Your lawyer and hospitals lawyers will likely attempt to reach a settlement prior to when the trial starts If you cannot reach an agreement the case will be taken to arbitration A neutral third party will hear both sides and decide who wins the case This type of hearing is more informal than a court trial but it is important to present witnesses and physical evidence Also you must have copies of all your legal documents and witnesses to present them at the hearing Witnesses may be required to attend the hearing in person or they can give their testimony via video conference You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing erbs palsy lawyer iowa city should also keep your witnesses numbers and addresses on file in case you need to contact them for witnesses in the future Complaints in the Court Many children who suffer from Erbs palsy can overcome their physical limitations with regular physical therapy Some children will need surgery to repair the torn nerve fibers However a significant proportion of children will not recover in any way and will be forced to live with the effects of this birth injury for the rest of their life Parents who believe that their childs Erb palsy is a result of medical negligence during the birth process are entitled to a fair amount of compensation To establish the value of your case your lawyer will collaborate with specialists in treating these conditions to develop a lifelong costofliving estimate This will help you determine the amount of compensation youre entitled to from your Erbs palsy settlement Your lawyer can also assist you obtain copies of your childs medical records and determine if the doctor who was involved in the birth of your child had prior experience with similar malpractice cases When your lawyer is aware of the injuries suffered by your child and the childs injuries she will file a lawsuit against the defendants Both sides go through the discovery phase This involves exchanging evidence which includes expert opinions and depositions Additional medical records are also included This is a crucial part of your legal case as it helps you build your arguments Settlements can take up to one year Settlement When your Erbs palsy lawsuit is successful your lawyer might be able to get compensation to cover medical expenses and future costs for treatment 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 have to gather evidence to prove mistake that led to your childs brachialplexus injury which could include medical documents witness statements and expert testimony Once your lawyer has gathered the evidence he or she will file a lawsuit against the defendants These are usually the medical professionals who gave your child The defendants will be given a specified period of time to respond to the lawsuit during this discovery phase both sides will gather more evidence to support their claims Most lawsuits settle out of court rather than going to trial because its costeffective for all parties involved If your attorney is confident that they can win the case in court it could be decided to try to get a jury verdict A successful verdict can provide families with a sense of justice and help educate people about ways to avoid future birth injuries If your verdict is not favorable you may appeal While this procedure can take longer it can also increase the amount of the amount you are awarded