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Erb's Palsy Litigation Legal action in the aftermath of your child's brachial injury can help bring you and your family closure. However, the process of litigation is a bit complicated and requires skilled legal representation. A successful lawsuit can award your family compensation for your child's medical bills and any future treatment. Find out more about the Erb's palsy lawsuit process. The Legal Process Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other expenses. The amount of money awarded is contingent on the severity of your child's injuries as well as the specific situation. It could easily amount to millions of dollars. Many of Erb's lawsuits involving palsy are resolved outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. erb's palsy lawsuit charleston can shorten the legal process significantly and save your family from having a jury or judge decide on their case. However, if your family is unable to reach the terms of settlement, you'll need to go to trial. This could take a long amount of time, but it could also result in a larger settlement. The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling of the neck, head, or shoulders, or on the arms could damage these nerves, causing Erb's palsy. The injury is often preventable. Families seek to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about the birth injury which could have been avoided. In the past these lawsuits have helped families secure an affordable financial settlement and get their child's life back on track. Mediation or Arbitration If your child sustained an injury to the brachial plexus in the womb due to medical negligence, an Erb's palsy settlement could help you pay for their care. This could include therapy, surgery as well as assistive devices and treatments. Many lawsuits are settled out of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a court overturning a jury verdict. Your lawyer and hospital's lawyers will probably try to come to an agreement prior to the trial beginning. If you fail to reach an agreement, the case will be referred to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. This type of hearing is more informal than a court trial but it is important to provide witnesses and physical evidence. You will also need copies of all legal documents as well as witnesses to be present at the hearing. Witnesses can present at the hearing in person, or they can give their testimony via video conferencing. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have the addresses of your witnesses and phone numbers in case in case they're called as witnesses in the future. Complaints in the Court Many children suffering from Erb's palsy can overcome physical limitations with intense daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a substantial proportion of children do not recover in any significant way and will be left with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation. To establish the value of your case Your lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer will also help you get copies of the medical records for your child and investigate whether the doctor responsible for the birth of your child had a history of similar malpractice cases. Once your lawyer has a solid understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal action because it allows both sides to build their arguments. Settlements can take as long as one year. Settlement If your Erb's-Pallsy lawsuit is a success your lawyer might be able to obtain compensation to pay for medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life. Your lawyer will require evidence to show that malpractice caused the brachial plexus injury in your child. This could include medical records as well as testimony from witnesses as well as expert testimony. After your lawyer has collected the evidence, they'll file the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants will be given a set period of time to respond to the lawsuit. during this discovery phase both sides will collect additional evidence to support their assertions. Most lawsuits settle out of court rather than go to trial because it's more cost-effective for all parties involved. If your attorney is convinced that they can win the case at trial it could be decided to go to the jury for a verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice and raise awareness and prevent these types of injuries from occurring in the future. If your verdict isn't favorable you may appeal. The process could take longer, but it can raise the amount you receive.