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Erbs Palsy Litigation Legal action following your childs injury to the brachial plexus could help you and your family to find closure However the process of litigation is complex and requires expert legal representation If you prevail in your lawsuit your family may receive compensation for medical bills of your child and future treatment Find out more about the Erbs palsy lawsuit process The Legal Process Families file lawsuits against Erbs palsy to seek the cost of medical treatment and other expenses The amount of money that is awarded will depend on the severity of your childs injuries as well as the specific situation It could easily amount to millions of dollars Many of Erbs palsy lawsuits have been settled out of court Lawyers representing the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties This can significantly shorten the legal process and save your family from facing an attorney or a jury If your family is not able to reach a settlement and you are unable to reach a settlement you must go to court This could take a long time however it could result in a higher award The brachial nerves control the movement of the arm During labor and delivery excessive forceful pulling on the neck head or shoulders or on the arms can cause nerve damage resulting in Erbs palsy This condition is usually preventable Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause They also want to create awareness about this birth injury that could have been avoided In the past these lawsuits have helped families obtain an appropriate financial settlement to help their child get back on track Arbitration or Mediation If your child has suffered an injury to the brachial area in the womb due to medical negligence an Erbs palsy settlement can help you pay for his or her care This may include therapy treatment as well as assistive devices and procedures Many lawsuits settle out of court This allows plaintiffs to receive compensation quicker and reduces the possibility that a judge could invalidate a verdict handed down by jurors Your lawyer and hospitals lawyers will likely seek an agreement prior to the trial begins If you are unable come to a deal your case will proceed to arbitration This means that a neutral third party will take in both sides and determine who will win the lawsuit This type of hearing is more informal than a court trial but it is essential to present witnesses and other physical evidence You will also need copies of all legal documents as well as witnesses to appear at the hearing You can either have your witnesses attend the hearing or give statements through video conferencing Subpoenas must be sent in advance to all witnesses to ensure they are aware the requirement to attend the hearing Keep the names of witnesses telephone numbers and addresses on file in case you need to contact them for a future witness Complaints in Court Many children suffering from Erbs palsy are able to overcome physical limitations by intense physical therapy every day Some will require surgery to repair torn or separated nerve fibers erbs palsy attorneys alabama of 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 a result of medical malpractice during the delivery process are entitled to a fair amount of compensation To establish the value of your case your lawyer will work with doctors who are experts in treating these ailments to create a costofliving estimate This will allow you to determine the amount of compensation you are entitled to from your Erbs settlement for palsy Your lawyer can also help to obtain copies of your childs medical records and look into whether the doctor who delivered your childs diagnosis had a prior history of malpractice cases Once your lawyer has a good knowledge of the injuries suffered by your child and the extent of the injuries she will file a lawsuit against the defendants Both parties will undergo the discovery phase that involves exchanging evidence including expert opinions depositions additional medical documents and more This is an essential part of your legal proceeding as it allows both sides to build their arguments Settlements can last up to one year Settlement If your Erbs Palsy lawsuit is a success your lawyer might be able obtain compensation to pay for medical costs as well as future treatment costs adaptive devices along with physical therapy You could be awarded damages due to emotional trauma or loss of quality of living Your lawyer will have to gather evidence to prove malpractice that caused your childs brachialplexus injury which could include medical records witness statements and expert testimony After your lawyer has gathered the evidence he will file a lawsuit against the defendants They are typically the medical professionals who provided your child with The defendants will then be given a specified period of time to respond to the suit and during this process of discovery each side will gather additional evidence to support their assertions Most lawsuits are settled out of court rather than going to trial because it is costeffective for all parties involved However if your attorney is confident that they will prevail in court they might decide to pursue the case all the way to a verdict by a jury A successful verdict in an injury lawsuit for birth can give families a sense of justice and raise awareness to prevent these kinds of injuries from occurring in the future If the verdict isnt favorable you may appeal Although this process may take longer but it also can increase the amount of compensation you receive
