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Erb's Palsy Litigation Legal action following your child's injury to the brachial plexus could help you and your family find closure. The litigation process can be complicated and requires an experienced lawyer. If you prevail in your lawsuit, your family may receive compensation for medical bills of your child and future treatment. Learn more about the Erb's palsy litigation procedure. The Legal Process The most frequent reason families start an Erb's Palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on your child's specific case and the severity of their injuries, but it could easily reach the millions of dollars. Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can significantly shorten the legal process and prevent your family from having to go before a judge or jury. 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. This can take a lot of time, however it can also result in a bigger settlement. The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling of the neck, head, shoulders, or on arms, could cause nerve damage, resulting in Erb's palsy. This condition is usually avoidable. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness about this birth injury which could have been prevented. In the past these lawsuits helped families get a fair financial settlement that helped their child's future. Mediation or Arbitration If your child was injured by an injury to the brachial area during birth due to medical negligence, an Erb's Palsy settlement can help you pay for his or her care. This may include therapy, treatment aids, assistive devices, as well as surgeries. Many lawsuits settle outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's attorneys will likely attempt to negotiate an agreement before the trial starts. If you are not able to reach an agreement, your case will be referred to arbitration. This means that a neutral third party will listen to both sides and determine who wins the lawsuit. The hearing may be more informal than a trial, however it is important to provide witnesses and evidence to the hearing. You will also need copies of all legal documents as well as witnesses to be present at the hearing. You can choose to witness your witnesses attend the hearing or give statements using video conferencing. Subpoenas must be issued in advance to all witnesses so they are aware the requirement to attend the hearing. You should also keep your witnesses' numbers and addresses on file in case you have to call them as a future witness. Complaints in the Court Many children suffering from Erb's Palsy can overcome physical limitations through daily physical therapy. Some will require surgery to repair damaged or damaged nerve fibers. However, a significant proportion of children are not able to recover to any measurable degree and will be forced to live with the effects of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's paralysis was due to medical negligence during the birth procedure have the right to claim fair compensation for their child's injuries. Your lawyer will work with doctors who are experts in treating this condition to create an estimated cost of living for life estimate. This helps determine how much you're entitled to from the Erb's palsy settlement. Your lawyer can also help you get copies of the medical records for your child and investigate whether the doctor responsible for the birth of your child had previous malpractice cases. When your lawyer is aware of the child's injuries, she will make a claim against the defendants. Both parties will undergo the discovery phase that involves exchanging evidence like expert opinions, depositions, medical documents and more. This is an essential part of your legal defense because it allows you to build your case. It can take up to an entire year before you can reach a settlement. Settlement If your Erb's palsy suit is successful, your lawyer could be able to get compensation that covers medical costs and future treatment costs, including adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life. Your lawyer will have to gather evidence to prove mistake that led to your child's brachial plexus injury that could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, he or she will start a lawsuit against defendants. These are usually the medical professionals who provided your child with. The defendants are then given a set amount of time to reply. During this discovery phase each side will collect evidence to prove its case. Most lawsuits settle out of court, rather than go to trial because it's cheaper for all parties involved. If your lawyer believes they will win at trial, they may choose to take the case all the way to the verdict of a jury. A successful verdict can give families a sense justice and help educate people about how to prevent future birth injuries. If erb's palsy law firm st george isn't favorable you may appeal. Although this process may take more time however, it could also increase the amount of the compensation you receive.