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Erbs Palsy Litigation In the aftermath of your childs plexus brachial injury can bring your family and you closure The process of litigation is complicated and requires an experienced lawyer A successful lawsuit could grant your family members compensation for childs medical bills as well as future treatment Learn more about the Erbs palsy litigation procedure The Legal Process The most popular reason families bring an Erbs palsy suit is to seek compensation for medical expenses and other losses The amount of money that is awarded in a settlement depends on the particular case of your child and the extent of their injuries but it could easily reach the thousands of dollars Many cases involving Erbs palsy are settled out of court Lawyers for the plaintiff and defendant work together to reach a settlement that will satisfy both parties This can significantly shorten the legal process and avoid your family from facing a judge or jury However if your family cannot agree on an agreement youll have to go to trial This can also take a long time however it could result in a higher amount The brachial complex is a collection of nerves that control movement within the arm When you are pregnant excessive forceful pulling of the neck head or shoulders or on the arms could cause damage to these nerves leading to Erbs palsy In many cases this injury can be prevented Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause They also want to raise awareness of this birth injury that could have been avoided In the past the lawsuits have helped families obtain an appropriate financial settlement to help their child get back on course Mediation or Arbitration If your child has suffered an injury to the brachial plexus during pregnancy due to medical negligence an Erbs settlement can help you pay for their treatment This may include therapy treatment devices assistive devices and surgeries Many lawsuits are settled outside of court This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a judge could reverse a verdict given by a jury Your lawyer and the hospitals lawyers will probably seek to negotiate a settlement before the trial gets underway If youre not able to come to a deal your case will be sent to arbitration A neutral third party will be able to hear both sides and decide who wins the case This type of hearing can be more informal than a trial but its crucial to present witnesses and evidence in the hearing erbs palsy lawsuit cedar rapids will also need copies of all legal documents and witnesses to appear at the hearing You can choose to invite your witnesses to the hearing or provide their statements using video conferencing Subpoenas must be sent in advance to all witnesses in order that they are aware of the requirement to be present at the hearing Also keep the numbers of your witnesses and addresses in the file in case you have to contact them for a future witness Complaints in the Court Many children who suffer from Erbs palsy can overcome physical limitations with intensive daily physical therapy Some children will need surgery to repair torn 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 delivery process are entitled to fair compensation Your lawyer will work with specialists in treating this condition to create an annual cost of living estimate This will allow you to determine the amount of compensation youre entitled to from your Erbs settlement for palsy Your lawyer can also help to obtain copies of your childs medical records and investigate whether the doctor who performed surgery on your childs care had a experience of malpractice When your lawyer has a solid understanding of your childs injuries then she will file your lawsuit against the defendants Both sides will undergo the discovery phase which includes exchanging evidence such as expert opinions depositions medical documents and more This is a crucial aspect of the legal process as it allows both sides to construct their arguments Settlements can take up to one year Settlement If your Erbs palsy suit is successful your lawyer could be able to secure compensation that covers medical expenses and future treatment costs such as adaptive devices and physical therapy You may be awarded damages for emotional trauma or loss of quality of life Your lawyer will need evidence to prove that a mistake caused the injury to the brachial nerve in your child This could include medical records and witness statements as well as expert testimony After your lawyer has gathered the evidence he will bring a lawsuit against the defendants They are typically the medical professionals who delivered your child The defendants are then given a specific amount of time to respond In the discovery phase the parties will gather evidence to prove its case Most lawsuits are settled outside of court rather than going to trial due to the fact that its more costeffective for everyone involved If your lawyer is confident that they will prevail in the case at trial and decides to take it to the jury for a verdict A successful verdict could provide families with a sense of justice and raise awareness about how to prevent future birth injuries If your verdict is not favorable you can appeal While this process can take more time but it also increases the amount of the compensation you receive
