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Erb's Palsy Litigation Legal action following your child's injury to the brachial plexus could help you and your family to find closure. However, the process of litigation is complex and requires skilled legal representation. A successful lawsuit could grant your family members compensation for your child's medical bills and future treatment. Learn more about the Erb's-Palsy lawsuit process. The Legal Process The most popular reason families pursue an Erb's-related lawsuit is to obtain 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 can easily soar into the millions of dollars. Many of Erb's palsy lawsuits have been resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process, and also prevent your family from having to appear before jurors or judges. If your family is not able to reach a settlement the family will have to go to court. This can take a lot of time, but could also result in a larger settlement. The brachial complex is a collection of nerves that control movement in the arm. A forceful pull on the neck, head, arms, or shoulders during labor and birth- such as when doctors employ forceps or vacuum extractors in excess — can damage these nerves, causing Erb's palsy. This injury is often preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past these lawsuits helped families secure an appropriate settlement in order to ensure their child's future. Arbitration or Mediation If your child was injured during the womb as a result of medical negligence and was later diagnosed with brachial paralysis, an Erb's settlement for palsy can help cover the cost of their treatment. This may include therapy, treatment, assistive devices, and procedures. Many lawsuits are settled out of court. erb's palsy attorney rock hill allows plaintiffs to receive compensation more quickly and prevents the possibility that a judge could reverse a verdict given by jurors. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement before the trial gets underway. If you are not able to reach an agreement, the case will be sent to arbitration. This means that a neutral third party will hear both sides and decide who wins the lawsuit. This type of hearing is more informal than a court trial, however, it is crucial to present witnesses and other physical evidence. You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You may either invite your witnesses to attend the hearing or provide their statements using video conferencing. You must ensure that all of witnesses are aware that they will be required to attend the hearing by submitting subpoenas ahead of time. You must also keep your witnesses' numbers and addresses in the file in case you need to contact them as an upcoming witness. Complaints in Court Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some may require surgery to repair sprained or separated nerve fibers. However, a significant number of children are not able to recover in any way and must live with the handicapping effects 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 a fair amount of compensation. To establish the value of your case, your lawyer will work with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor who performed your child's birth had prior experience with similar malpractice cases. When your lawyer has a clear understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal argument because it helps you build your case. It can take up an entire year before you can negotiate a settlement. Settlement When your Erb's palsy lawsuit is successful, your lawyer could be able get compensation that covers medical costs and future treatment costs such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life. Your lawyer will need to gather evidence to prove mistake that led to your child's brachial-plexus injury that could include medical documents, witness statements and expert testimony. Once your lawyer has collected the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals that gave your child. The defendants are then given a set time frame to respond. In this discovery phase each side will gather evidence to support its claims. Most lawsuits settle out of court, rather than going to trial, because it's cost-effective for all parties involved. If your attorney is convinced that they can win the case at trial they may decide to go to the jury for a verdict. A successful verdict can give families a sense of justice and raise awareness about ways to avoid future birth injuries. If the verdict isn't favorable, you can appeal. This procedure could take longer, but it could increase the amount you get.