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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 litigation is complicated and requires a skilled lawyer. A successful lawsuit could award your family compensation for your child's medical bills and any future treatment. Learn more about the Erb's Palsy lawsuit procedure. The Legal Process Families file lawsuits against Erb's palsy to obtain reimbursement for medical expenses and other expenses. The amount of money awarded depends on the severity of your child's injuries as well as the specific situation. It could easily reach millions of dollars. Many cases involving Erb's palsy have been settled without court. The lawyers for both the plaintiff and defendant collaborate to reach a settlement that is acceptable to both parties. This could cut down the legal process considerably and spare your family from having a judge or jury decide the case. However, if the family members are unable to agree on an agreement, you'll have to go to trial. This can take a significant amount of time, but could also result in a larger award. The brachial plexus is a group of nerves that regulate movement within the arm. The forceful pulling of the head, neck, shoulders or arms during labor and deliveryfor example, when doctors use forceps or vacuum extractors excessively — can cause damage to these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about this birth injury which could have been avoided. In the past, these lawsuits have helped families obtain an affordable financial settlement and help their child get back on course. Arbitration or Mediation If your child was injured by an injury to the brachial area during the womb as a result of medical negligence, an Erb's settlement can help you pay for their care. This may include therapy, treatment as well as assistive devices and operations. Many lawsuits settle out of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a court overturning a jury verdict. Your lawyer and the hospital's lawyers will likely try to reach a settlement prior to when the trial starts. If erb's palsy lawsuit schaumburg are not able to reach an agreement, the case will be sent to arbitration. This means that an impartial third party will hear both sides and determine who wins the case. This type of hearing is more informal than a court trial, but it is essential to present witnesses and physical evidence. You also need to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to present at the hearing in person or you can submit their statements via video conferencing. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. Also, keep your witnesses' phone numbers and addresses on file, in case you need to contact them as an upcoming witness. Complaint to the Court Many children suffering from Erb's palsy can overcome their physical limitations with intense physical therapy every day. Some will require surgery to fix torn or separated nerve fibers. However, a significant proportion of children are not able to recover to any measurable degree and will be forced to live with the handicapping effects of this birth injury for life. Parents who believe their child's Erb's palsy was the result of negligence by a medical professional during the birth process have the right seek fair compensation for the injuries suffered by their child. Your lawyer will work with doctors who are experts in treating this condition. They will create an annual cost of living estimate. This determines the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you get copies of your child’s medical records, and investigate whether the doctor who gave you your child had a previous record of malpractice cases. Once your lawyer has a thorough knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal proceedings because it allows both sides to present their case. Settlements can last up to one year. Settlement If your Erb's Palsy lawsuit is successful your lawyer could be able to get compensation to pay for medical expenses as well as future treatment costs. adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life. Your lawyer will need to gather evidence to prove the mistake that led to the brachial plexus injury to your child and may include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, he will bring a lawsuit 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 this discovery phase, each side will gather evidence to prove its case. Most lawsuits are settled out of court rather than going to trial since it is cheaper for everyone involved. If your lawyer is confident that they will prevail in the case at trial they may decide to pursue it to the jury. A successful verdict in a birth injury lawsuit can provide families with a sense justice and can help increase awareness to prevent these kinds of injuries from happening again in the future. If your verdict isn't favorable, you can appeal. The process could take longer, but can increase the amount you receive.