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Erb's Palsy Litigation Legal action after your child's injury to the brachial plexus could aid you and your family find closure. The process of litigation can be complex and requires an experienced lawyer. If you win your lawsuit, your family can receive compensation for the medical expenses of your child as well as future treatment. Find out more about the Erb's palsy litigation procedure. The Legal Process Families file Erb's Psy lawsuits to seek compensation for medical costs and other losses. The amount of money awarded in a settlement depends on the specific situation of your child and the severity of their injuries but it could easily reach the millions of dollars. Many cases involving Erb's palsy settle out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically reduce the legal process, and also prevent your family from having to face jurors or judges. If your family members cannot reach a settlement you will have to go to trial. This can take a long time however, it could result in a bigger award. The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling of the neck, head or shoulders or on arms, could damage these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms they cause. They also seek to raise awareness about the birth injury that could have been avoided. In the past the lawsuits have helped families get an equitable financial settlement and help their child get back on path. Arbitration or Mediation If your child sustained an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's palsy settlement can help pay for their care. This can include therapy, surgery, assistive devices and treatment. Many lawsuits are settled out of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a judge could reverse a verdict given by the jury. Your lawyer and the hospital's lawyers will likely attempt to reach a settlement prior to when the trial starts. If you are unable to reach an agreement, your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, but it is crucial to present witnesses and evidence in the hearing. erb's palsy lawyer denton will also require copies of all legal documents and witnesses to present at the hearing. Witnesses are able to present at the hearing in person, or you can present their testimony via video conference. Subpoenas must be sent in advance to all witnesses so they are aware of the requirement to attend the hearing. Keep your witnesses' numbers and addresses on file in case you have to contact them for a future witness. Complaint in Court Many children who suffer from Erb's syndrome can overcome physical limitations with intense physical therapy every day. Some may require surgery to fix torn or separated nerve fibers. Many 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 the result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation. Your lawyer will work with doctors who are experts in treating this condition to develop an annual cost of living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records and determine whether or not the doctor who delivered your child's diagnosis had a prior experience of malpractice. When your lawyer is aware of the injuries suffered by your child she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal case as it allows you to construct your arguments. It can take as long as a year to negotiate a settlement. Settlement If your Erb's-Pallsy lawsuit is a success your lawyer could be able to secure compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices, as well as physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life. Your lawyer will need to gather evidence to prove malpractice that caused the brachial plexus injury to your child which could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals who have delivered your child. The defendants will then be given a specified time frame to respond. In this discovery phase each side will collect evidence to back up their claims. Most lawsuits settle out of court rather than going to trial, as it's more cost-effective for the parties involved. If your lawyer believes that they can win in court, they could choose to take the case all the way to a jury verdict. A successful verdict could give families a sense justice and increase awareness of ways to avoid future birth injuries. However, if your verdict is not in your favor, you can appeal the decision. This process may take longer, but can raise the amount you receive.