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Erb's Palsy Litigation Taking legal action in the aftermath of your child's brachial plexus injury can help bring you and your family closure. The process of litigation can be complicated and requires a skilled lawyer. If you prevail in your lawsuit, your family could be awarded compensation for the medical expenses of your child and future treatment. Find out more about the Erb's Palsy lawsuit process. The Legal Process Families file Erb's Psy lawsuits to recover the cost of medical treatment and other losses. The amount of money offered in a settlement will depend on the particular situation of your child as well as the severity of their injuries, but it can easily go into the millions of dollars. Many cases involving Erb's palsy have been settled without court. Lawyers representing the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This could speed up the legal process dramatically and keep your family from having a judge or jury decide the case. If your family is not able to come to a deal and you are unable to reach a settlement, you must appear in court. This can take a significant amount of time, but it could also result in a bigger amount. The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling on the neck, head, or shoulders or on arms, could result in damage to these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness of this birth injury that could have been prevented. In the past the lawsuits have helped families get an appropriate financial settlement to get their child's life back on the right track. Arbitration or Mediation If your child was injured while in the womb due to medical negligence and was later diagnosed with brachial paralysis, an Erb's settlement for palsy can help pay for their care. This could include therapy, treatment devices, assistive devices, and operations. Many lawsuits settle out of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will likely attempt to reach a settlement prior to when the trial begins. If you fail to reach an agreement, your case will go to arbitration. This means that an impartial third party will be able to hear both sides and decide who wins the lawsuit. This hearing is more informal than a court trial, however, it is crucial to present witnesses and physical evidence. It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses present at the hearing in person or they can give their testimony through video conference. Subpoenas need to be sent in advance to all witnesses so they are aware the requirement to be present at the hearing. You must also keep your witnesses' numbers and addresses on file in case you need to contact them for a future witness. Complaints in Court Many children with Erb's Palsy can overcome physical limitations through intensive daily physical therapy. erb's palsy law firm columbus will need surgery to repair torn nerve fibers. However, a significant proportion of children will not recover to any measurable degree and will have to live with the effects of this birth injury for the rest of their lives. Parents who believe their child's Erb's syndrome was the result of negligence by a medical professional during the birth process have the right seek fair compensation for the injuries suffered by their child. Your lawyer will work with doctors that specialize in treating this condition. They will create the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who was involved in your child's birth had previous malpractice cases. When your lawyer is aware of the injuries of your child, she will start a lawsuit against defendants. Both sides will go through the discovery phase which includes exchanging evidence, including expert opinions, depositions, medical records, and more. This is an important part of your legal case as it allows you to develop your arguments. It can take up one year to reach a settlement. Settlement If your Erb's Palsy lawsuit is successful your lawyer could be able obtain compensation to pay for medical expenses including future treatment costs, adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of life. Your lawyer will have to gather evidence to prove error that caused the brachial plexus injury to your child and may include medical documents, witness statements, and expert testimony. After your lawyer has collected the evidence, they will start a lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a certain time frame to respond. 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 as it is cost-effective for everyone involved. If your lawyer believes that they can win in court, they could decide to take the case all the way to a jury verdict. A successful verdict can provide families with a sense of justice and increase awareness of how to prevent future birth injuries. If the verdict isn't favorable, you can appeal. While this process can take longer, it can also increase the amount of compensation you receive.