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Erb's Palsy Litigation Legal action after your child's injury to the brachial plexus could aid you and your family find closure. The process of suing can be complicated and requires an experienced lawyer. If you win your lawsuit, your family can receive compensation for medical bills of your child and future treatment. Find out more about the Erb's syndrome lawsuit procedure. The Legal Process The most common reason for families to start an Erb's Palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the particular case of your child and the extent of their injuries, but it could easily reach the millions of dollars. Many of Erb's lawsuits involving palsy are settled outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically cut down on the legal process and avoid your family from having to appear before jurors or judges. If your family is unable to reach an agreement on a settlement and you are unable to reach a settlement, you must go to the court. This could take a long amount of time, but could also result in a bigger settlement. The brachial nerves control the movement of the arm. A forceful pull on the neck, head arms or shoulders during labor and deliveryfor example, when doctors make use of forceps or vacuum extractors excessively — can harm the nerves and cause Erb's palsy. In many cases, this injury is preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also wish to raise awareness of this birth injury which could have been avoided. In the past these lawsuits helped families get an equitable financial settlement that helped their child's future. Arbitration or Mediation If your child was injured in the womb because of medical negligence and was later diagnosed with brachial sprains, an Erb's Palsy settlement can help you cover the cost of their treatment. This can include therapy, surgery, assistive devices and treatment. Many lawsuits settle without court. This allows plaintiffs to receive compensation faster and avoids the possibility that a court might overturn a decision made by the jury. Your lawyer and the hospital's attorneys are likely to attempt to negotiate an agreement before the trial gets underway. If you are not able to reach an agreement, the case will be referred to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. The hearing may be more informal than a trial, but it's important to present witnesses and evidence for the proceedings. You will also need copies of all legal documents as well as witnesses to be present at the hearing. Witnesses may be required to attend the hearing in person, or you can provide their statements via video conferencing. Subpoenas should be sent in advance to all witnesses to ensure that they are aware of the requirement to be present at the hearing. In addition, you must have your witnesses' addresses and contact numbers on file in case they are required to appear as witnesses in the future. Complaints in the Court Many children suffering from the condition Erb's-Palsy can overcome their physical limitations by regular physical therapy. Some children will require surgery to repair the torn nerve fibers. However, a significant number of children are not able to recover to any measurable degree and will be left with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's paralysis was the result of medical negligence during the birth process have the right claim an appropriate amount of compensation for the injuries suffered by their child. Your lawyer will work with specialists in treating this condition to develop the lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer can also assist you obtain copies of your child’s medical records, and look into 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 knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal defense because it allows you to construct your arguments. It can take up an entire year before you can settle a case. Settlement When your Erb's palsy lawsuit is successful, your lawyer may be able to secure compensation to cover medical costs and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages for 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 documents, witness statements and expert testimony. Once your lawyer has collected the evidence, they will file a lawsuit against the defendants. These are usually the medical professionals that have delivered your child. The defendants will be given a set amount of time to reply to the lawsuit, and during this process of discovery, both sides will gather more evidence to support their claims. Most lawsuits are settled out of court, rather than going to trial due to the fact that it's more cost-effective for all parties involved. If erb's palsy attorneys mount pleasant is confident that they will prevail in the case in court and decides to try to get an appeal to a jury verdict. A successful verdict could provide families with a sense of justice and help spread awareness about ways to avoid future birth injuries. If, however, your verdict is not in your favor You can appeal the decision. This procedure could take longer, but can increase the amount you receive.