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Erb's Palsy Litigation The legal process in the aftermath of your child's brachial plexus injury can help bring you and your family closure. The process of litigation is complicated and requires a skilled lawyer. If you are successful in your lawsuit, your family could receive compensation for medical expenses of your child as well as future treatment. Read on to learn more about the Erb's syndrome lawsuit procedure. The Legal Process The most frequent reason for families to pursue an Erb's-related lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular case. It could easily be millions of dollars. Many of the lawsuits involving Erb's Psy are settled out of court. The lawyers for both plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties. This can shorten the legal process significantly and keep your family from having a jury or judge decide on their case. If, however, your family is unable to reach an agreement, you'll have to go to trial. This can also take a long time, but it could also result in a larger award. The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling on the head, neck or shoulders, or on the arms could cause damage to these nerves, leading to Erb's palsy. In many instances, the injury can be prevented. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to create awareness about this birth injury that could have been prevented. In the past these lawsuits helped families get a fair financial settlement and get their child's life back on the right track. Arbitration or Mediation If your child was injured by an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's palsy settlement can help you to pay for the treatment. This can include therapy, surgery, assistive devices and treatment. Many lawsuits settle out of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and the hospital's attorneys will likely attempt to reach a settlement before the trial begins. If you are unable to reach an agreement, your case will be taken to arbitration. A neutral 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's crucial to present witnesses and evidence in the hearing. You also need to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person or you can provide their statements via video conferencing. You must ensure that all of your witnesses are aware that they are required to attend the hearing by submitting subpoenas before the hearing. You should also keep your witnesses' numbers and addresses in the file in case you have to contact them as a future witness. Complaints in Court Many children who suffer from Erb's syndrome can overcome their physical limitations with intensive daily physical therapy. Some will require surgery to repair sprained or separated nerve fibers. However, a significant proportion of children do not recover in any significant way and will be left with the effects of this birth injury for life. Parents who believe that their child's Erb's syndrome was the result of negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for the injuries suffered by their child. To determine the value of your case, your lawyer will work with doctors who are experts in treating these conditions to develop a lifetime cost-of-living estimate. This is used to determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and investigate whether or not the doctor who performed surgery on your child's diagnosis had a prior medical malpractice case. Once your lawyer understands the child's injuries and the child's injuries, she will bring a lawsuit against the defendants. Both parties will go through the discovery phase which includes exchanging evidence including expert opinions, depositions and medical records and more. This is an essential part of your legal case because it allows you to develop your arguments. Settlements can last for up to one year. erb's palsy lawsuit rockford If your lawsuit for Erb's palsy is successful, your lawyer might be able get compensation for medical expenses and future treatment costs, including adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life. 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 this evidence, they'll file the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a certain time frame to respond. In this phase of discovery, each side will gather evidence to prove its case. Most lawsuits settle out of court rather than going to trial, as it's cheaper for all parties involved. If your attorney is confident that they will prevail in the case at trial it could be decided to try to get the jury. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice, and also help to raise awareness to prevent these types of injuries from happening again in the future. However, if the verdict is not in your favor, you can appeal the decision. While this procedure can take longer but it also can increase the amount of the compensation you receive.