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Erb's Palsy Litigation The legal process in the aftermath of your child's brachial injury can bring you and your family closure. The process of suing can be complicated and requires a skilled lawyer. A successful lawsuit may award your family members compensation for your child's medical bills and future treatment. Learn more about the Erb's palsy litigation procedure. The Legal Process The most common reason families pursue an Erb's-related lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific case. It could easily reach millions of dollars. Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can shorten the legal process dramatically and save your family from having a jury or judge decide on their case. If your family members are unable to reach an agreement on a settlement then you'll need to go to the court. This can take a considerable amount of time, however it can also result in a bigger settlement. The brachial plexus is a set of nerves which control movement in the arm. Forceful pulling on the head, neck, shoulders or arms during labor and birthlike when doctors utilize forceps, vacuum extractors, or other tools excessively — can damage these nerves and lead to Erb's palsy. In many instances, the injury can be prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also wish to spread awareness about the birth injury which could have been avoided. In the past, these lawsuits have helped families obtain a fair settlement in order to ensure their child's future. Mediation or Arbitration If your child has suffered an injury to the brachial nerve during birth due to medical negligence, an Erb's settlement can help pay for his or her care. This can include therapy, surgery aidive devices, and treatment. Many lawsuits settle outside of court. This lets plaintiffs receive compensation faster and avoids the possibility that a judge might overturn a decision made by jurors. Your lawyer and the hospital's lawyers will probably try to come to an agreement before the trial begins. If you're unable to agree to a settlement, your case will proceed to arbitration. A neutral third party will listen to both sides and decide who will win the case. This hearing is more informal than a court trial, but it is essential to provide witnesses and physical evidence. You will also require copies of all legal documents as well as witnesses to be present at the hearing. Witnesses can attend the hearing in person or they can give their testimony via video conference. Subpoenas need to be sent in advance to all witnesses so that they are aware of the requirement that they attend the hearing. Additionally, you should have their addresses and telephone numbers on file in the event that they are needed as a witness in the future. Complaints in Court Many children with Erb's Palsy can overcome physical limitations through intense daily physical therapy. erb's palsy law firm bakersfield will require surgery to repair damaged nerve fibers. However, a large percentage of children do not recover in any significant way and will be forced to live with the handicaps of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair amount of compensation. Your lawyer will work with doctors who specialize in treating this condition. They will create an annual cost of living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's settlement for palsy. Your lawyer can also assist you obtain copies of your child's medical records, and also determine whether or not the doctor who treated your child had a previous record of malpractice cases. Once your lawyer understands the injuries suffered by your child, she will start a lawsuit against 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 defense because it allows you to build your case. It can take as long as one year to settle a case. Settlement If your Erb's palsy suit is successful, your lawyer may be able get compensation that covers medical expenses and future treatment costs, including adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of living. Your lawyer will need to gather evidence to prove error that caused your child's brachial-plexus injury which could include medical records, witness statements and expert testimony. Once your lawyer has gathered this evidence, they will bring the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will be given a set amount of time to reply to the lawsuit. during this discovery phase both sides will gather more evidence to support their claims. Most lawsuits settle out of court, rather than going to trial because it's cost-effective for all parties involved. If your lawyer is confident that they will win the case at trial and decides to take it to a jury verdict. A successful verdict will provide families with a sense of justice and increase awareness of how to prevent future birth injuries. If the verdict you receive is not favorable, you can appeal. This procedure could take longer, but it will increase the amount you receive.