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Erb's Palsy Litigation Taking legal action in the aftermath of your child's plexus brachial injury can help bring your family and you closure. However, the litigation process is complex and requires skilled legal representation. A successful lawsuit could award your family members compensation for your child's medical bills and future treatment. Find out more about the Erb's palsy lawsuit procedure. The Legal Process The most frequent reason for families to bring an Erb's palsy suit is to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement will depend on the particular case of your child and the severity of their injuries but it could easily reach the millions of dollars. Many of the Erb's palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and defendant will collaborate to reach a settlement that is acceptable to both parties. This can speed up the legal process dramatically and save your family from having a jury or judge decide their case. If your family is not able to reach an agreement on a settlement and you are unable to reach a settlement, you must go to the court. erb's palsy lawsuit high point can take a significant amount of time, but could also result in a larger amount. The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling on the neck, head, or shoulders or on the arms, can result in damage to these nerves and cause Erb's Palsy. In many instances, the injury is preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also wish to spread the word about this birth injury that could have been prevented. In the past these lawsuits helped families get an appropriate financial settlement that helped their child's future. Mediation or Arbitration If your child was injured while in the womb because of medical negligence, and suffered from brachial palsy, an Erb's Settlement for palsy could help you pay for their treatment. This could include treatment, therapy as well as assistive devices and operations. Many lawsuits are settled out of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and the hospital's attorneys are likely to attempt to reach an agreement before the trial starts. If you cannot reach an agreement, the case will be referred to arbitration. A neutral third party will hear both sides and decide who wins the case. This type of hearing can be more informal than a trial, however it's important to present witnesses and evidence to the proceedings. You will also need copies of all legal documents as well as witnesses to present at the hearing. You can either witness your witnesses attend the hearing or submit their testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses so they are aware the requirement to be present at the hearing. You must also keep your witnesses' phone numbers and addresses on file in case you have to call them as a future witness. Complaints in the Court Many children with Erb's -Pallsy are able to overcome physical limitations by intensive daily physical therapy. Some may require surgery to fix torn or damaged nerve fibers. However, a substantial proportion of children don't recover in any significant way and will be forced to live with the effects of this birth injury for the rest of their life. Parents who believe their child's Erb's syndrome was due to negligence in the delivery process have the right to claim fair compensation for the injuries suffered by their child. Your lawyer will work with specialists in treating this condition to produce an estimated cost of living for life estimate. This helps determine how much you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer will also help you get copies of your child's medical records and determine if the doctor who was involved in the birth of your child had prior experience with similar malpractice cases. If your lawyer has a clear knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will undergo the discovery phase that involves exchanging evidence such as expert opinions, depositions and medical documents, and so on. This is an essential part of your legal case as it allows you to build your case. It can take up to a year to reach a settlement. Settlement If your Erb's palsy lawsuit is successful, your lawyer might be able obtain compensation to cover medical expenses as well as future treatment costs. adaptive devices, as well as physical therapy. You could receive damages due to emotional trauma or loss of quality of life. Your lawyer must gather evidence to prove the malpractice that caused your child's brachial-plexus injury which could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals who gave your child. The defendants are given a certain period of time to respond to the lawsuit, and during the discovery phase, both sides will gather more evidence to support their claims. Most lawsuits settle out of court rather than going to trial because it's cheaper for all parties involved. If however, your attorney is confident that they will prevail in court, they could decide to take the case to the verdict of a jury. A successful verdict could give families a sense justice and raise awareness about ways to avoid future birth injuries. If your verdict isn't favorable you may appeal. While this process can take more time but it also increases the amount of the compensation you receive.