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Erb's Palsy Litigation Legal action following your child's brachial-plexus injury may aid you and your family find closure. However, the process of litigation is complex and requires expert legal representation. A successful lawsuit could award your family members compensation for your child's medical bills and future treatment. Find out more about the Erb's palsy lawsuit procedure. The Legal Process The most common reason for families to start an Erb's Palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the particular case of your child and the severity of their injuries but it could easily reach the millions of dollars. Many Erb's Palsy lawsuits have been settled out of court. Lawyers representing the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This could cut down the legal process significantly and spare your family from having a jury or judge decide the case. If your family members are unable to agree on a settlement you will have to go to trial. This could take a long amount of time, however it can also result in a bigger amount. The brachial nerves control the movement of the arm. A forceful pull on the neck, head arms, or shoulders during labor and delivery- such as when doctors use forceps or vacuum extractors excessively — can cause damage to these nerves, causing Erb's palsy. This condition is usually avoidable. Families seek to make negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness of this birth injury that could have been avoided. In the past these lawsuits have helped families receive an appropriate financial settlement that helped their child's future. erb's palsy attorney chico or Arbitration If your child sustained an injury to the brachial area in the womb due to medical negligence, an Erb's Palsy settlement could help you to pay for the care. This can include surgery, therapy as well as assistive devices and treatment. Many lawsuits settle outside of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely try to reach a settlement prior to when the trial starts. If you are not able to reach an agreement, your case will go to arbitration. A neutral third party will hear both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it's important to present physical evidence and witnesses for the hearing. It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can invite your witnesses to the hearing or provide their statements using video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas before the hearing. In addition, you must have the addresses of your witnesses and contact numbers on file in the event that they are needed as a witness in the future. Complaints in the Court Many children suffering from Erb's palsy can overcome their physical limitations by regular physical therapy. Some may require surgery to repair damaged or damaged nerve fibers. However, a large percentage of children do not recover to any measurable degree and will have to live with the effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to fair compensation. To establish the value of your case Your lawyer will work with doctors who specialize in treating these conditions to come up with a lifetime cost-of living estimate. This is used to determine how much you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also assist you obtain copies of your child's medical records, and look into whether or not the doctor who treated your child's treatment had a previous experience of malpractice. When your lawyer is aware of the injuries of your child then she will bring a lawsuit against the defendants. Both parties will go through the discovery phase, which includes exchanging evidence such as expert opinions, depositions, additional medical records and more. This is a crucial part of your legal proceedings because it allows both sides to develop their arguments. It can take up to an entire year to arrive at a settlement. Settlement If your Erb's palsy lawsuit is successful your lawyer could be able to obtain compensation to pay for medical expenses, future treatment costs and adaptive devices along with physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life. Your lawyer will require evidence to prove that malpractice caused the injury to the brachial nerve in your child. This could include medical records, witness statements as well as expert testimony. Once your lawyer has collected the evidence, they will make a claim against the defendants. These are usually the medical professionals that delivered your child. The defendants are then given a certain time frame to respond. In this discovery phase each side will gather evidence to prove its case. Most lawsuits settle out of court, rather than go to trial, as it's more cost-effective for all parties involved. If however, your attorney is confident that they will prevail at trial, they may choose to take the case to the verdict of a jury. A successful verdict will bring families a sense that justice has been done and help educate people about ways to avoid future birth injuries. If the verdict isn't favorable you may appeal. Although this process may take more time however, it could also increase the amount of compensation you receive.