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Erbs Palsy Litigation Legal action following your childs brachialplexus injury may help you and your family get closure The process of suing can be complex and requires an experienced lawyer A successful lawsuit could grant your family members compensation for childs medical bills and future treatment Find out more about the Erbs palsy litigation process The Legal Process Families file Erbs Psy lawsuits to seek compensation for medical expenses and other expenses The amount of money awarded in a settlement is dependent on the specific situation of your child and the severity of their injuries but it can easily go into the thousands of dollars Many of Erbs palsy lawsuits have been settled outside of court The lawyers for both plaintiff and the defendant will work together to find a settlement that is acceptable to both parties This can drastically cut down on the legal process and prevent your family from having to face an attorney or a jury If your family is unable to come to a deal and you are unable to reach a settlement you must go to the court This could take a long amount of time however it can also result in a bigger settlement The brachial nerves regulate the movement of the arm Forcing the neck head arms or shoulders during labor and deliverysuch as when doctors employ forceps or vacuum extractors excessively can harm these nerves causing Erbs palsy This injury is often avoidable Families seek to make negligent healthcare providers accountable for the harm they cause erbs palsy attorneys somerville want to raise awareness about this birth injury that could have been prevented In the past the lawsuits have helped families secure an appropriate financial settlement to get their childs life back on course Arbitration or Mediation If your child suffered an injury to the brachial plexus during birth due to medical negligence an Erbs palsy settlement could help you to pay for the care This can include surgeries therapy as well as assistive devices and treatment Many lawsuits settle without court This allows plaintiffs to get compensation faster and avoids the possibility that a court might overturn a decision made by the jury Your lawyer and the hospitals lawyers will probably try to come to an agreement before the trial begins If you are not able to reach an agreement your case will be referred to arbitration A neutral third party will consider both sides and decide who is the winner of the case This kind of hearing could be more informal than a trial but its crucial to present witnesses and evidence for the proceedings You will also need copies of all legal documents and witnesses to appear at the hearing You can either invite your witnesses to attend the hearing or give testimony via video conferencing You must ensure that all of witnesses are aware that they must attend the hearing by submitting subpoenas in advance Also keep the numbers of your witnesses and addresses on file in case you need to call them as witnesses in the future Complaint in the Court Many children with Erbs Pallsy can overcome physical limitations with regular physical therapy Some may require surgery to repair torn or separated nerve fibers Many children do not recover and are forced to live their lives with the effects of this birth injury Parents who believe that their childs Erb palsy is the result of medical malpractice during the birth process are entitled to a fair amount of compensation Your lawyer will collaborate with doctors who specialize in treating this condition to create an annual cost of living estimate This is used to determine how much youre entitled to from your settlement for Erbs Palsy Your lawyer will also help you get copies of the medical records for your child and investigate whether the doctor who performed the birth of your child had previous malpractice cases Once your lawyer understands the harms your child has suffered then she will start a lawsuit against defendants Both parties will go through the discovery process which involves exchanging evidence including expert opinions depositions medical records and more This is an essential part of your legal proceeding since it allows both sides to develop their arguments It can take up an entire year to reach a settlement Settlement If your Erbs palsy suit is successful your lawyer may be able to obtain compensation for medical expenses and future treatment costs including adaptive devices and physical therapy You could be awarded damages for emotional trauma or loss of quality of living Your lawyer will need evidence to prove that malpractice caused the injury to the brachial area in your child This could include medical records witness statements as well as expert testimony Once your lawyer has collected the evidence they will start a lawsuit against defendants They are typically the medical professionals that have delivered your child The defendants will then be given a specified amount of time to reply In this discovery phase each side will gather evidence to support its claims Most lawsuits are settled outside of court instead of going to trial because it is costeffective for all parties involved If your lawyer believes they will win in court they might choose to take the case to the verdict of a jury A successful verdict in a birth injury lawsuit can bring families a sense of justice and help raise awareness and prevent these types of injuries from occurring in the future If the verdict isnt favorable you can appeal While this process could take more time it can also increase the amount of the amount you are awarded