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Erb's Palsy Litigation The legal process in the aftermath of your child's plexus brachial injury can bring your family and you closure. However, the process of litigation is complicated and requires experienced legal representation. If you prevail in your lawsuit, your family could receive compensation for medical bills of your child and future treatment. Learn more about the Erb’s palsy litigation process. The Legal Process The most frequent reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement depends on your child's specific case and the severity of their injuries, however, it can easily rise to the millions of dollars. erb's palsy law firm tampa of the Erb's Palsy lawsuits have been settled without court. Lawyers for the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically reduce the legal process and avoid your family from having to go before jurors or judges. If your family cannot agree on an agreement, you'll have to go to trial. This can take a considerable amount of time, however it can also result in a bigger settlement. The brachial nerves control the movement of the arm. Forceful pulling on the neck, head shoulders or arms during labor and birthlike when doctors use forceps or vacuum extractors in excess — can damage the nerves and cause Erb's palsy. In many cases, this injury is preventable. Families seek to make negligent healthcare providers accountable for the harm they cause. They also wish to spread awareness of this birth injury which could have been prevented. In the past these lawsuits have helped families obtain an appropriate settlement in order to ensure their child's future. Arbitration or Mediation If your child has suffered a brachial plexus injury during pregnancy due to medical negligence, an Erb's Palsy settlement could help you to pay for the care. This could include therapy, surgery as well as assistive devices and treatment. Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's attorneys will likely attempt to reach an agreement before the trial starts. If you fail to reach an agreement, the case will go to arbitration. This means that an impartial third party will take in both sides and decide who wins the lawsuit. This hearing is more informal than a court trial, but it is important to provide witnesses and physical evidence. It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to attend the hearing in person or you can provide their statements through video conference. You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas before the hearing. In addition, you must have their addresses and phone numbers on file in the event that they are needed to testify in the future. Complaints in the Court Many children suffering from Erb's Palsy can overcome physical limitations through intense physical therapy every day. Some may require surgery to repair sprained or separated nerve fibers. However, a substantial proportion of children do not recover to a significant degree and must live with the handicapping effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to fair compensation. Your lawyer will work with specialists in treating this condition to create an estimated cost of living for life estimate. This helps determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer will also help you get copies of the medical records for your child and investigate whether the doctor who performed the birth of your child had previous malpractice cases. If your lawyer has a clear understanding of the harms your child has suffered, she will start a lawsuit against defendants. Both sides will go through the discovery process that involves exchanging evidence including expert opinions, depositions medical documents, and so on. This is a crucial part of the legal process because it gives both sides the chance to present their case. Settlements can take as long as one year. Settlement If your Erb's-Pallsy lawsuit is successful, your lawyer might be able to secure compensation to pay for medical expenses as well as future treatment costs. adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living. Your lawyer will require evidence to prove that negligence caused the injury to the brachial nerve in your child. This may include medical records and witness statements as well as expert testimony. Once your lawyer has collected the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals that provided your child with. The defendants are then given a specific time frame to respond. In the discovery phase each side will gather evidence to back up their claims. Most lawsuits are settled out of court rather than going to trial because it is cost-effective for everyone involved. If your attorney is convinced that they will prevail in the case at trial it could be decided to pursue it to a jury verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice and raise awareness to prevent these kinds of injuries from occurring in the future. If your verdict is not in your favor then you may appeal the decision. While this procedure can take more time, it can also increase the amount of compensation you receive.