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Erbs Palsy Litigation Legal action following the injury to your childs brachial plexus may help you and your family get closure The litigation process can be complex and requires an experienced lawyer If you win your lawsuit your family could receive compensation for the medical expenses of your child and future treatment Learn more about the Erbs palsy lawsuit process The Legal Process The most popular reason for families to pursue an Erbsrelated lawsuit is to get compensation for medical expenses and other losses The amount of money that is awarded in a settlement will depend on your childs specific case and the severity of their injuries however it can easily rise to the thousands of dollars Many of Erbs palsy lawsuits have been resolved outside of court The lawyers of both the plaintiff and defendant collaborate to negotiate an acceptable settlement to both parties This can drastically cut down on the legal process and avoid your family from facing an attorney or a jury If your family is unable to reach an agreement youll have to go to trial This can take a lot of time however it can also result in a bigger settlement The brachial plexus is a group of nerves which control movement within the arm During erbs palsy lawsuit pasadena and birth excessive forceful pulling of the head neck or shoulders or on the arms can result in damage to these nerves and cause Erbs Palsy In many instances the injury can be prevented Families seek to make negligent healthcare providers accountable for the harm they cause They also want to spread the word about this birth injury that could have been prevented In the past these lawsuits have helped families obtain a fair financial settlement that helped their childs future Mediation or Arbitration If your child was injured during the womb as a result of medical negligence and suffered from brachial sprains an Erbs Palsy settlement could help you pay for their treatment This could include therapy treatment assistive devices and surgeries Many lawsuits are settled outside of court This allows plaintiffs to receive compensation more quickly and prevents the possibility that a court might overturn a decision made by a jury Your lawyer and hospitals lawyers will likely seek an agreement prior to the trial begins If youre not able to come to a deal the case will be taken to arbitration A neutral third party will hear both sides and decide who will win the case The hearing may be more informal than a trial however it is important to provide witnesses and evidence in the proceedings You will also need copies of all legal documents and witnesses to present at the hearing You can have witnesses present at the hearing in person or you can submit their statements via video conferencing Subpoenas need to be sent in advance to all witnesses to ensure that they are aware of the requirement that they attend the hearing You should also keep your witnesses phone numbers and addresses on file in case you need to contact them as an upcoming witness A complaint to the court Many children with Erbs Pallsy are able to overcome physical limitations by regular physical therapy Some may require surgery to repair sprained or damaged nerve fibers A significant number of children are never able to recover and must continue to live with the effects of this birth injury Parents who believe that their childs Erbs palsy was due to negligence by a medical professional during the birth process are entitled to seek fair compensation for the injuries suffered by their child To determine the worth of your case your lawyer will work with specialists in treating these ailments to come up with a lifetime costof living estimate This will allow you to determine the amount of compensation you are entitled to under your Erbs settlement for palsy Your lawyer can also help you get copies of your childs medical records and investigate whether or not the doctor who performed surgery on your childs treatment had a previous history of malpractice cases When your lawyer is aware of the childs injuries she will file a lawsuit against the defendants Both sides will undergo the discovery phase which includes exchanging evidence including expert opinions depositions additional medical records and more This is a vital part of your legal action as it allows both sides to construct their arguments It can take up an entire year before you can negotiate a settlement Settlement If your Erbs Palsy lawsuit is successful your lawyer might be able to get compensation to cover medical expenses as well as future treatment costs adaptive devices as well as physical therapy You could be awarded damages for emotional trauma or loss of quality of life Your lawyer will require evidence to prove that a mistake 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 they will file a lawsuit against the defendants They are typically the medical professionals who have delivered your child The defendants will be given a set amount of time in which to respond to the lawsuit and during this process of discovery each side will gather additional evidence to back their claims Most lawsuits are settled out of court rather than going to trial because its costeffective for all parties involved If your attorney is convinced that they will win the case at trial they may decide to pursue it to the jury A successful verdict in a birth injury lawsuit can bring families a sense of justice and also help to raise awareness to prevent these kinds of injuries from happening in the future If your verdict isnt favorable you may appeal This could take a bit longer but it could increase the amount you receive
