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Erb's Palsy Litigation Legal action in the aftermath of your child's brachial plexus injury can bring your family and you closure. The process of litigation is complex and requires an experienced lawyer. If you are successful in your lawsuit, your family will receive compensation for the medical bills of your child as well as future treatment. Learn more about the Erb's syndrome lawsuit procedure. The Legal Process Families file Erb's-Palsy lawsuits to get compensation for medical expenses and other expenses. The amount of money awarded will depend on the severity of your child's injuries and the particular situation. It could easily amount to millions of dollars. Many of the Erb's Palsy lawsuits are settled without court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that pleases both parties. This can speed up the legal process considerably and spare your family from having a judge or jury decide their case. If your family is unable agree on a settlement and you are unable to reach a settlement, you must go to court. This can also take a long time, but it can also potentially result in a bigger award. The brachial nerves regulate the movement of the arm. The forceful pulling of the head, neck, arms or shoulders during labor and delivery -for example, when doctors make use of forceps or vacuum extractors excessively — can damage these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to create awareness of this birth injury which could have been prevented. In the past these lawsuits helped families get an appropriate settlement in order to ensure their child's future. Mediation or Arbitration If your child was injured while in the womb because of medical negligence and was later diagnosed with brachial paralysis, an Erb's Palsy settlement could help you pay for their care. This can include surgeries, therapy, assistive devices and treatment. Many lawsuits are settled outside of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge could invalidate a verdict handed down by jurors. Your lawyer and the hospital's attorneys are likely to attempt to reach a settlement before the trial gets underway. If you cannot reach an agreement, your case will go to arbitration. This means that a neutral third party will listen to both sides and determine who wins the case. erb's palsy lawyer providence of hearing is more informal than a court trial but it is important to have witnesses present and physical evidence. It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to present at the hearing in person, or they can give their testimony via video conferencing. Subpoenas should be sent in advance to all witnesses so they are aware of the requirement that they attend the hearing. Keep the numbers of your witnesses and addresses in the file in case you have to contact them as witnesses in the future. Complaints in Court Many children suffering from Erb's Palsy can overcome physical limitations with regular physical therapy. Some children will require surgery to repair torn nerve fibers. A large number of children will never recover and have to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb palsy is a 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 a lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor involved in your child's birth had an history of similar malpractice cases. If your lawyer has a clear understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential part of the legal process since it allows both sides to develop their arguments. It can take up one year to reach a settlement. Settlement If your Erb's Palsy lawsuit is successful, your lawyer could be able to get compensation to cover medical expenses and future treatment costs which include adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life. Your lawyer will need to gather evidence to prove malpractice that caused the brachial plexus injury to your child that could include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they will start a lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants will then be given a certain amount of time to reply to the lawsuit. during this process of discovery both sides will collect more evidence to support their assertions. Most lawsuits are settled out of court instead of going to trial due to the fact that it is cheaper for everyone involved. If your attorney is confident that they'll win the case in court, they might decide to take it to a jury verdict. A successful verdict could give families a sense justice and increase awareness of ways to avoid future birth injuries. If your verdict isn't favorable, you can appeal. While this procedure can take more time, it can also increase the amount of the amount you are awarded.