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Erb's Palsy Litigation In the aftermath of your child's brachial injury can bring you and your family closure. However, the litigation process is complex and requires expert legal representation. If you prevail in your lawsuit, your family can receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb's palsy lawsuit process. The Legal Process Families file lawsuits against Erb's palsy to recover compensation for medical expenses and other expenses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily be millions of dollars. Many of Erb's lawsuits involving palsy are resolved outside of court. The lawyers for both the plaintiff and the defendant will come together to negotiate an agreement that is acceptable to both parties. This can shorten the legal process by a significant amount and prevent your family from having a judge or jury decide the case. If your family is unable reach an agreement on a settlement the family will have to appear in the court. This can take a long time but it can also potentially result in a larger award. The brachial nerves control the movement of the arm. Forceful pulling on the neck, head arms or shoulders during labor and delivery -such as when doctors employ forceps or vacuum extractors excessively — can harm the nerves and cause Erb's palsy. In many instances, the injury is preventable. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also wish to spread awareness about this birth injury which could have been prevented. In the past, these lawsuits helped families get an appropriate settlement in order to ensure their child's future. Arbitration or Mediation If your child was injured while in the womb because of medical negligence and was later diagnosed with brachial sprains, an Erb's settlement for palsy can help to pay for their medical treatment. This could include therapy, treatment as well as assistive devices and surgeries. Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and the hospital's lawyers will likely try to reach a settlement before the trial starts. If you are unable to reach an agreement, your case will be sent to arbitration. This means that an impartial third party will be able to hear both sides and decide who wins the case. This type of hearing can be more informal than a trial, however it is crucial to present witnesses and evidence in the hearing. Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to present at the hearing in person, or you can present their testimony through video conferencing. Subpoenas must be sent in advance to all witnesses so they are aware the requirement to attend the hearing. Additionally, you must keep your witnesses' addresses and contact numbers on file in case they're called to testify in the future. Complaints in Court Many children who suffer from Erb's syndrome can overcome their physical limitations by intensive daily physical therapy. Some children may require surgery to repair torn nerve fibers. However, a substantial proportion of children do not recover in any way and will be left with the handicaps of this birth injury for life. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair amount of compensation. Your lawyer will work with doctors who are experts in treating this condition to create an annual cost of living estimate. This will allow you to 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 determine if the doctor involved in your child's birth had a history of similar malpractice cases. Once your lawyer has identified the injuries suffered by your child then she will bring a lawsuit against the defendants. Both parties will be involved in the discovery phase which involves exchanging evidence like expert opinions, depositions, medical documents, and so on. This is a crucial aspect of the legal process as it allows both sides to construct their arguments. It can take up one year to reach a settlement. Settlement If your Erb's palsy suit is successful, your lawyer may be able get compensation for medical expenses and future costs for treatment including adaptive devices and physical therapy. erb's palsy attorneys yonkers could also be awarded damages for emotional trauma and loss of quality of life. Your lawyer will have to collect evidence to prove the mistake that led to the brachial plexus injury to your child that could include medical records, witness statements, and expert testimony. Once your lawyer has gathered this evidence, they will start a lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants will then be given a specific amount of time to respond to the suit, and during this process of discovery each side will gather additional evidence to support their claims. Most lawsuits are settled outside of court, rather than going to trial since it is more cost-effective for everyone involved. If your attorney is confident that they will prevail in the case at trial and decides to pursue it to the jury for a verdict. A successful verdict in a birth injury lawsuit can provide families with a sense justice, and also help to raise awareness to prevent these types of injuries from occurring in the future. However, if the verdict is not in your favor it is possible to appeal the decision. While this process can take more time however, it could also increase the amount of the compensation you receive.