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Erb's Palsy Litigation The legal process in the aftermath of your child's brachial plexus injury can help bring your family and you closure. However, the litigation process is complex and requires skilled legal representation. A successful lawsuit could award your family compensation for child's medical bills and any future treatment. Read on to learn more about the Erb's Palsy lawsuit process. The Legal Process The most frequent reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific situation. It could easily be millions of dollars. Many of Erb's lawsuits involving palsy are resolved outside of court. The lawyers of both the plaintiff and defendant will collaborate to reach a settlement that is acceptable to both parties. This can significantly shorten the legal process and save your family from facing an attorney or a jury. If, however, your family members are unable to agree on a settlement you will have to go to trial. This can take a significant amount of time, however it can also result in a bigger settlement. The brachial complex is a collection of nerves that control movement within the arm. Forcing the neck, head arms, or shoulders during labor and birth- such as when doctors employ forceps or vacuum extractors in excess — can damage these nerves and lead to Erb's palsy. The injury is often avoidable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to spread awareness of this birth injury which could have been prevented. In the past these lawsuits helped families secure an appropriate settlement in order to ensure their child's future. Arbitration or Mediation If your child sustained a brachial plexus injury in the womb due to medical negligence, an Erb's palsy settlement could help you pay for his or her treatment. This could include treatment, therapy aids, assistive devices, as well as surgeries. Many lawsuits are settled outside of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and hospital's lawyers are likely to attempt to negotiate a settlement before the trial begins. If you are unable to come to a deal, your case will proceed to arbitration. A neutral third party will hear both sides and decide who wins the case. This kind of hearing could be more informal than a trial, however it is crucial to present witnesses and evidence for the proceedings. You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can present at the hearing in person, or you can provide their statements through video conferencing. Subpoenas should be sent in advance to all witnesses so that they are aware the requirement that they attend the hearing. You must also keep the names of witnesses' telephone numbers and addresses on file, in case you need to call them as an upcoming witness. Complaints in Court Many children who suffer from Erb's syndrome can overcome physical limitations through daily physical therapy. Some may require surgery to repair damaged or damaged nerve fibers. However, a substantial proportion of children are not able to recover in any significant way and will be left with the handicapping effects of this birth injury for the rest of their life. Parents who believe that their child's Erb's palsy was the result of medical negligence during the birth procedure have the right to seek an appropriate amount of compensation for their child's injuries. Your lawyer will work with doctors who are experts 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 from your Erb’s palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and determine whether the doctor who gave you your child's diagnosis had a prior medical malpractice case. When your lawyer has a good knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will be involved in the discovery phase which includes exchanging evidence including expert opinions, depositions and medical records and more. This is a vital part of the legal process as it allows both sides to construct their arguments. It can take up an entire year before you can arrive at a settlement. Settlement If your Erb's Palsy lawsuit is successful, your lawyer might be able get compensation that covers medical expenses and future treatment costs including adaptive devices and physical therapy. erb's palsy law firm hawaii may be awarded damages resulting from emotional trauma or loss of quality of life. Your lawyer will need to gather evidence to prove the mistake that led to your child's brachial plexus injury and may include medical documents, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will make a claim against the defendants. These are usually the medical professionals who delivered your child. The defendants will then be given a specified amount of time to reply. In the discovery phase, each side will gather evidence to prove its case. Most lawsuits settle out of court rather than going to trial, because it's cheaper for all parties involved. If your lawyer believes they will win at trial, they may choose to take the case to the verdict of a jury. A successful verdict in an injury lawsuit for birth can bring families a sense of justice and raise awareness in order to prevent these types of injuries from happening again in the future. If your verdict isn't favorable you can appeal. The process could take longer, but can raise the amount you receive.