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Erb's Palsy Litigation In the aftermath of your child's brachial plexus injury can bring your family and you closure. The process of suing can be complex and requires an experienced lawyer. A successful lawsuit may award your family compensation for child's medical bills and future treatment. Learn more about the Erb's Palsy lawsuit process. The Legal Process The most popular reason for families to start an Erb's Palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on the specific situation of your child and the severity of their injuries however, it can easily rise to the thousands 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 acceptable to both parties. This can speed up the legal process by a significant amount and spare your family from having a jury or judge decide their case. If your family is unable to come to a deal and you are unable to reach a settlement, you must go to court. This can take a considerable amount of time, but it could also result in a larger amount. The brachial nerves regulate the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head or shoulders, or on the arms, can damage these nerves, causing Erb's Palsy. In many instances, the injury is preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to raise awareness of the birth injury that could have been prevented. In the past these lawsuits have helped families receive a fair 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 suffered brachial paralysis, an Erb's Palsy settlement could help you to pay for their medical treatment. This could include surgeries, therapy as well as assistive devices and treatments. Many lawsuits settle outside of court. This means that plaintiffs can receive compensation more quickly and reduces the possibility of a court overturning a jury verdict. Your lawyer and hospital's attorneys will likely attempt to reach an agreement before the trial gets underway. If you fail to reach an agreement, the case will be sent to arbitration. A neutral third party will consider both sides and decide who wins 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 present at the hearing. Witnesses are able to present at the hearing in person or you can present their testimony through video conference. Subpoenas should be sent in advance to all witnesses to ensure they are aware the requirement to attend the hearing. You should also keep your witnesses' phone numbers and addresses on file, in case you have to call them as witnesses in the future. Complaint in the Court Many children suffering from Erb's palsy can overcome physical limitations with regular physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. However, a significant proportion of children are not able to recover to any measurable degree and will have to live with the handicaps of this birth injury for the rest of their lives. erb's palsy attorneys moreno valley who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation. Your lawyer will work with doctors who specialize in treating this condition to produce 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 assist to obtain copies of your child's medical records, and also determine whether or not the doctor who treated your child had a previous history of malpractice cases. When your lawyer is aware of the injuries suffered by your child, she will make a claim against the defendants. Both sides will go through the discovery process, which includes exchanging evidence like expert opinions, depositions and medical records, and more. This is an essential part of your legal action because it allows both sides to build their arguments. It can take up an entire year before you can negotiate a settlement. Settlement If your Erb's Palsy lawsuit is successful, your lawyer may be able to secure compensation that covers medical expenses 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 require evidence to show that malpractice caused the injury to the brachial plexus in your child. This may include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has gathered the evidence, he or she will file a lawsuit against the defendants. They are typically the medical professionals that delivered your child. The defendants will then be given a specific amount of time to respond to the suit, and during the discovery phase both sides will collect additional evidence to support their assertions. Most lawsuits are settled out of court instead of going to trial because it is cheaper for everyone involved. If your lawyer believes they will win in court, they could decide to pursue the case all the way to the verdict of a jury. A successful verdict in a birth injury lawsuit could bring families a sense of justice and can help increase awareness to prevent these kinds of injuries from occurring in the future. If your verdict is not in your favor then you may appeal the decision. This could take a bit longer, but can raise the amount you receive.