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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 get closure. However, the process of litigation is complicated and requires experienced legal representation. If you prevail in your lawsuit, your family will receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb's Palsy lawsuit process. The Legal Process Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other expenses. The amount of money that is awarded in a settlement will depend on the particular situation of your child as well as the extent of their injuries, but can easily soar into the millions of dollars. Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can significantly shorten the legal process and avoid your family from having to face a judge or jury. If, however, your family is unable to reach a settlement you will have to go to trial. This can take a considerable amount of time, however it can also result in a larger award. The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head, shoulders or arms during labor and deliverysuch as when doctors utilize forceps, vacuum extractors, or other tools excessively — can harm these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families file a lawsuit in order 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 avoided. In the past these lawsuits helped families get an equitable settlement in order to ensure their child's future. Mediation or Arbitration If your child was injured by an injury to the brachial nerve in the womb due to medical negligence, an Erb's palsy settlement can help you pay for their care. This could include therapy, surgery aidive devices, and treatment. Many lawsuits are settled out of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court might overturn a decision made by the jury. Your lawyer and hospital's lawyers will likely attempt to negotiate a settlement before the trial starts. If you are unable to come to a deal the case will go to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. This type of hearing can be more informal than a trial, however it is important to provide witnesses and evidence to the proceedings. You will also need copies of all legal documents as well as witnesses to be present at the hearing. You can have witnesses attend the hearing in person, or you can provide their statements through video conference. You must ensure that all witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. You must also keep your witnesses' phone numbers and addresses on file in case you need to contact them for a future witness. Complaint in Court Many children suffering from Erb's palsy can overcome physical limitations through intense daily physical therapy. Some may require surgery to repair sprained or separated nerve fibers. A large number of children do not recover and are forced 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 malpractice during the delivery process are entitled to fair compensation. To determine the value of your case Your lawyer will work with doctors who are experts in treating these conditions to come up with 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 help you get copies of your child’s medical records, and investigate whether the doctor who treated your child's care had a history of malpractice cases. Once erb's palsy attorneys aurora has a clear knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal proceeding as it allows both sides to build their arguments. Settlements can last for up to one year. Settlement If your Erb's-Pallsy lawsuit is successful your lawyer might be able to secure compensation to pay for medical costs as well as future treatment costs. adaptive devices along with physical therapy. You may be awarded damages for emotional trauma or loss of quality of life. Your lawyer will require evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records, witness statements as well as expert testimony. After your lawyer has gathered the evidence, they will bring the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants are then given a specific amount of time to reply. In the discovery phase each side will collect evidence to support their claims. Most lawsuits are settled out of court, rather than going to trial since it is cost-effective for all parties involved. If your attorney is confident that they will win the case at trial it could be decided to go to the jury. A successful verdict will bring families a sense that justice has been done and increase awareness of ways to avoid future birth injuries. If your verdict isn't favorable, you can appeal. While this process could take more time however, it could also increase the amount of the compensation you receive.