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Erb's Palsy Litigation Legal action following the brachial-plexus injury of your child could help you and your family find closure. The process of suing can be complicated and requires a skilled lawyer. A successful lawsuit can award your family members compensation for child's medical expenses and future treatment. Learn more about the Erb's palsy litigation procedure. The Legal Process The most common reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on your child's specific case and the extent of their injuries, however, it can easily rise to the millions of dollars. Many of the Erb's palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and the defendant will collaborate to reach an agreement that is acceptable to both parties. This could speed up the legal process significantly and save your family from having a jury or judge decide the case. If your family members are unable to reach an agreement on a settlement the family will have to go to the court. This can also take a long time but it can also potentially result in a higher award. The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head, shoulders or on the arms can cause nerve damage, resulting in Erb's palsy. In many cases, this injury can be prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also seek to increase awareness about the birth injury that could have been avoided. In the past these lawsuits allowed families to obtain an affordable financial settlement and get their child's life back on path. Mediation or Arbitration If your child was injured in the womb by medical negligence and suffered brachial sprains, an Erb's Settlement for palsy could help you pay for their treatment. This could include therapy, surgery, assistive devices and treatment. Many lawsuits settle without court. This allows plaintiffs to get compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by the jury. Your lawyer and the hospital's lawyers will likely attempt to reach a settlement prior to when the trial begins. If you're unable to reach a settlement your case will be sent to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. This type of hearing is more informal than a court case, however it is vital to present witnesses and physical evidence. Also, erb's palsy attorney little rock must have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to witness your witnesses attend the hearing or present their statements via videoconferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas prior to the hearing. Keep the numbers of your witnesses and addresses in the file in case you have to contact them as an upcoming witness. Complaints in the Court Many children who suffer from Erb's syndrome can overcome their physical limitations with intensive daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. However, a substantial proportion of children don't recover in any way and must live with the handicaps of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a 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 specialists in treating these conditions to create a cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor responsible for the birth of your child had prior experience with similar malpractice cases. Once your lawyer understands the injuries of your child then she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal case because it allows you to build your arguments. Settlements can take up to one year. Settlement When your Erb's palsy lawsuit is successful, your lawyer could be able get compensation to cover medical costs 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 require evidence to show that malpractice caused the injury to the brachial nerve in your child. This may include medical records and witness statements as well expert testimony. After your lawyer has gathered the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals that gave your child. The defendants will then be given a specified amount of time to respond. In this phase of discovery the parties will gather evidence to prove its case. Most lawsuits are settled outside of court, rather than going to trial as it is more cost-effective for all parties involved. However, if your attorney believes that they can win at trial, they may decide to pursue the case to the verdict of a jury. A successful verdict in a birth injury lawsuit could provide families with a sense justice, and also help to raise awareness to prevent these kinds of injuries from occurring in the future. If the verdict you receive is not favorable you can appeal. This procedure could take longer, but it could increase the amount you get.