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Erb's Palsy Litigation Legal action in the aftermath of your child's brachial injury can bring you and your family closure. The process of litigation can be complicated and requires an experienced lawyer. A successful lawsuit could award your family members compensation for child's medical expenses and future treatment. Find out more about the Erb's syndrome lawsuit process. The Legal Process The most frequent reason for families to bring an Erb's palsy suit is to seek compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries and the particular situation. It can easily reach millions of dollars. Many of the Erb's Palsy lawsuits have been settled out of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This can shorten the legal process significantly and prevent your family from having a judge or jury decide on their case. However, if your family is unable to reach an agreement, you'll have to go to trial. This can take a long time but it can also potentially result in a larger award. The brachial area is a group of nerves that regulate movement in the arm. A forceful pull on the neck, head, arms, or shoulders during labor and delivery -for example, when doctors utilize forceps, vacuum extractors, or other tools excessively — can cause damage to these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to create awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families receive a fair financial settlement to help their child's future. Mediation or Arbitration If your child was injured in the womb as a result of medical negligence, and suffered from brachial palsy, an Erb's Settlement for palsy could help you cover the cost of their treatment. This may include treatment, therapy, assistive devices, and operations. Many lawsuits settle without court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a court in the future reversing a jury's verdict. erb's palsy law firm columbia and the hospital's lawyers will probably try to come to an agreement before the trial begins. If you are not able to reach an agreement, the case will be referred to arbitration. This means that an impartial third party will take in both sides and decide who wins the lawsuit. This type of hearing is more informal than a court case, however it is vital to have witnesses present and physical evidence. Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You can choose to witness your witnesses attend the hearing or submit their statements through video conferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas before the hearing. Keep the numbers of your witnesses and addresses in the file in case you need to contact them for witnesses in the future. A complaint to the court Many children with Erb's Palsy can overcome physical limitations through intense daily physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. A large number of children will never recover and have to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to fair compensation. Your lawyer will collaborate with doctors who specialize in treating this condition to create a lifetime cost of living estimate. This is used to determine how much you are entitled to receive from the Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records, and also determine whether or not the doctor who performed surgery on your child's care had a history of malpractice cases. When your lawyer has a good understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal proceedings because it allows both sides to construct their arguments. It can take as long as a year to settle a case. Settlement If your Erb's Palsy lawsuit is a success the lawyer may be able to get compensation to pay for medical expenses including future treatment costs, adaptive devices, as well as physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living. Your lawyer will need to collect evidence to prove the negligence that caused your child's brachial-plexus injury which could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against defendants. These are usually the medical professionals who have delivered your child. The defendants are then given a certain amount of time to reply. In the discovery phase each side will gather evidence to support their claims. Most lawsuits are settled outside of court instead of going to trial because it's cheaper for all parties involved. However, if your attorney is confident they can win in court, they might decide to pursue the case all the way to the verdict of a jury. A successful verdict will give families a sense of justice and raise awareness about how to avoid any future birth injuries. If your verdict isn't favorable, you can appeal. While this procedure can take longer but it also increases the amount of compensation you receive.