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Erb's Palsy Litigation Legal action after your child's injury to the brachial plexus could help you and your family to find closure. The litigation process can be complicated and requires an experienced lawyer. A successful lawsuit could award your family compensation for your child's medical bills as well as future treatment. Learn more about the Erb's syndrome lawsuit process. The Legal Process The most frequent reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific case. It could easily amount to millions of dollars. Many of Erb's palsy lawsuits have been settled out of court. The lawyers representing both the plaintiff and defendant will come together to negotiate a settlement that is acceptable to both parties. This could cut down the legal process dramatically and save your family from having a jury or judge decide on their case. If, however, your family members are unable to agree on an agreement, you'll have to go to trial. This could take a long amount of time, but could also result in a bigger settlement. The brachial plexus is a set of nerves which control movement in the arm. When you are pregnant excessive forceful pulling on the neck, head, shoulders or on the arms, can damage these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about this birth injury which could have been avoided. In the past, these lawsuits have helped families obtain an equitable financial settlement that helped their child's future. Mediation or Arbitration If your child was injured while in the womb as a result of medical negligence and has suffered brachial palsy, an Erb's Settlement for palsy could help you to pay for their medical treatment. This can include surgeries, therapy as well as assistive devices and treatments. Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a judge could reverse a verdict given by jurors. Your lawyer and the hospital's lawyers will probably attempt to reach an agreement before the trial begins. If you're unable to come to a deal the case will go to arbitration. A neutral third party will consider both sides and determine who wins the case. This type of hearing can be more informal than a trial, but it is important to provide witnesses and evidence in the proceedings. It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You may either invite your witnesses to the hearing or present their statements through video conferencing. Subpoenas should be sent in advance to all witnesses so they are aware of the requirement that they attend the hearing. You must also keep your witnesses' phone numbers and addresses in the file in case you have to call them as an upcoming witness. Complaints in the Court Many children who suffer from Erb's palsy can overcome their physical limitations with intense physical therapy every day. Some children will require surgery to repair damaged nerve fibers. A significant number of children are never able to recover and must continue to live their lives suffering the effects of this birth injury. Parents who believe their child's Erb's syndrome was due to negligence in the delivery process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child. Your lawyer will work with doctors that specialize in treating this condition. They will create a lifetime cost of living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also assist to obtain copies of your child's medical records and determine whether the doctor who treated your child's care had a history of malpractice cases. If your lawyer has a clear knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both parties will undergo the discovery phase that involves exchanging evidence including expert opinions, depositions, medical documents, and so on. This is an essential aspect of your legal case as it allows you to build your case. Settlements can take up to one year. Settlement If your Erb's-Pallsy lawsuit is a success the lawyer may be able obtain compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life. Your lawyer will have to collect evidence to prove the mistake that led to the brachial plexus injury to your child, which could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, they'll file the lawsuit against the defendants, who are usually the medical professionals who delivered your child. erb's palsy lawyer bryan are then given a certain amount of time to reply. In the discovery phase each side will collect evidence to prove its case. Most lawsuits are settled out of court rather than going to trial because it is cheaper for everyone involved. If your attorney is convinced that they will prevail in the case in court they may decide to try to get the jury for a verdict. A successful verdict in a birth injury lawsuit can provide families with a sense justice and can help increase awareness in order to prevent these types of injuries from happening in the future. If the verdict isn't favorable, you can appeal. While this process can take more time however, it could also increase the amount of the amount you are awarded.