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Erb's Palsy Litigation The legal process in the aftermath of your child's brachial-plexus injury can bring you and your family closure. However, the litigation process is complex and requires skilled legal representation. A successful lawsuit could award your family members compensation for child's medical expenses and future treatment. Learn more about the Erb’s palsy lawsuit process. The Legal Process Families file Erb's Psy lawsuits to get compensation for medical costs and other expenses. 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 amount to millions of dollars. Many of the Erb's Palsy lawsuits settle out of court. The lawyers for both the plaintiff and defendant collaborate to reach a settlement that is acceptable to both parties. This could speed up the legal process significantly and save your family from having a judge or jury decide the case. If your family is not able to come to a deal, you will need to go to court. This can take a lot of time, but it could also result in a larger settlement. The brachial plexus is a set of nerves that control movement within the arm. When you are pregnant excessive forceful pulling of the neck, head, shoulders or on the arms could cause damage to these nerves, leading to Erb's Palsy. This condition is usually prevented. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to spread awareness about the birth injury which could have been prevented. In the past, these lawsuits have helped families obtain an equitable financial settlement and get their child's life back on the right track. Arbitration or Mediation If your child has suffered an injury to the brachial area during pregnancy due to medical negligence, an Erb's palsy settlement can help pay for his or her treatment. This could include therapy, surgery aidive devices, and treatment. Many lawsuits settle outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court overturning a jury verdict. Your lawyer and hospital's attorneys will likely seek to negotiate a settlement before the trial begins. If you're unable to reach a settlement your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This type of hearing can be more informal than a trial, however it is crucial to present physical evidence and witnesses for the hearing. You should also 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 submit their statements through video conference. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas in advance. Additionally, you should have their addresses and telephone numbers on file in case they are called to testify in the future. Complaints in Court Many children with Erb's Palsy are able to overcome physical limitations by intense physical therapy every day. Some may require surgery to fix torn or separated nerve fibers. However, a significant number of children do not recover in any significant way and will be forced to live with the handicaps of this birth injury for the rest of their life. Parents who believe their child's Erb's palsy was the result of negligence in the delivery process have the right to claim an appropriate amount of compensation for the injuries suffered by their child. Your lawyer will work with doctors that specialize in treating this condition to develop a lifetime cost of living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records and determine if the doctor who was involved in the birth of your child had prior experience with similar malpractice cases. Once your lawyer has identified the injuries suffered by your child and the child's injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase that involves exchanging evidence, including expert opinions, depositions medical documents and more. This is a crucial part of your legal defense because it helps you build your arguments. Settlements can last for up to one year. Settlement If your Erb's-Pallsy lawsuit is successful the lawyer may be able obtain compensation to pay for medical expenses as well as future treatment costs. adaptive devices, as well as physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living. erb's palsy attorney waterbury will need evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records and testimony from witnesses as well as expert testimony. After your lawyer has collected the evidence, they will bring the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a set time frame to respond. In this discovery phase each side will collect evidence to support its claims. Most lawsuits are settled outside of court, rather than going to trial since it is more cost-effective for all parties involved. However, if your attorney believes they will win at trial, they may decide to pursue the case to a jury verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and raise awareness to prevent these kinds of injuries from occurring in the future. If, however, your verdict is not favorable to you it is possible to appeal the decision. The process could take longer, but it can increase the amount you receive.