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Erb's Palsy Litigation Legal action following the brachial-plexus injury of your child could aid you and your family find closure. The litigation process can be complicated and requires a skilled lawyer. A successful lawsuit could award your family compensation for child's medical expenses and future treatment. Read on to learn more about the Erb's palsy lawsuit process. The Legal Process Families file Erb's Psy lawsuits to obtain reimbursement for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on the particular case of your child and the severity of their injuries but can easily soar into the thousands of dollars. Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can drastically cut down on the legal process and prevent your family from facing jurors or judges. However, if your family is unable to reach a settlement you will have to go to trial. This can also take a long time however, it could result in a higher amount. The brachial plexus is a set of nerves that control movement in the arm. During labor and birth excessive forceful pulling on the neck, head, shoulders or on the arms could cause nerve damage, resulting in Erb's Palsy. In many cases, this injury can be prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also wish to raise awareness of this birth injury that could have been prevented. In the past the lawsuits have allowed families to obtain an appropriate financial settlement to get their child's life back on path. Mediation or Arbitration If your child was injured in the womb by medical negligence and was later diagnosed with brachial palsy, an Erb's settlement for palsy can help pay for their treatment. This may include therapy, treatment as well as assistive devices and procedures. Many lawsuits settle without court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will most likely try to come to an agreement before the trial starts. If you're unable to come to a deal your case will be sent 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, but it's important to present witnesses and evidence in the proceedings. You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to attend the hearing in person, or you can present their testimony through video conferencing. Subpoenas must be issued in advance to all witnesses so that they are aware of the requirement that they attend the hearing. Keep the names of witnesses' telephone numbers and addresses on file, in case you have to contact them as an upcoming witness. A complaint to the court Many children suffering from the condition Erb's-Palsy can overcome their physical limitations with regular physical therapy. Some children will require surgery to repair the torn nerve fibers. Many children are not able to recover and will have to live suffering the effects of this birth injury. erb's palsy lawyer wichita falls who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation. Your lawyer will work with doctors who are experts in treating this condition to produce the lifetime cost of living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records, and look into whether or not the doctor who gave you your child's treatment had a previous history of malpractice cases. If your lawyer has a thorough understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery phase which includes exchanging evidence, including expert opinions, depositions medical documents and more. This is a crucial part of your legal defense because it allows you to construct your case. It could take up to an entire year before you can negotiate a settlement. Settlement If your Erb's palsy lawsuit is a success your lawyer might be able obtain compensation to pay for medical costs as well as future treatment costs. adaptive devices along with physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life. Your lawyer will have to collect evidence to prove the malpractice that caused your child's brachial plexus injury that could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will file the lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants are then given a set amount of time to respond. During this discovery phase the parties will gather evidence to prove its case. Most lawsuits are settled out of court rather than going to trial since it is more cost-effective for all parties involved. If your lawyer believes they will win at trial, they may choose to take the case all the way to an appeals court verdict. A successful verdict in an injury lawsuit for birth can bring families a sense of justice and help raise awareness and prevent these types of injuries from happening in the future. If, however, your verdict is not in your favor, you can appeal the decision. While this procedure can take more time but it also can increase the amount of compensation you receive.