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Erb's Palsy Litigation Legal action in the aftermath of your child's plexus brachial injury can bring you and your family closure. The process of suing can be complicated and requires a skilled lawyer. If you prevail in your lawsuit, your family may be awarded compensation for the medical expenses of your child and future treatment. Read on to learn more about the Erb's Palsy lawsuit process. The Legal Process The most popular reason families bring an Erb's palsy suit is to obtain compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the particular situation. It can easily reach millions of dollars. Many of Erb's palsy lawsuits have been settled out of court. The lawyers of both the plaintiff and defendant collaborate to reach an acceptable settlement to both parties. This can significantly speed up the legal process, and also prevent your family from facing the jury or judge. If, however, 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 larger award. The brachial plexus is a set of nerves that control movement within the arm. A forceful pull on the neck, head, arms or shoulders during labor and delivery — such as when doctors use forceps or vacuum extractors excessively — can cause damage to these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families are suing to make negligent healthcare providers accountable for the harm they cause. erb's palsy lawsuit salem wish to raise awareness about this birth injury that could have been prevented. In the past the lawsuits have helped families obtain an equitable financial settlement and get their child's life back on course. Arbitration or Mediation If your child suffered an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's settlement can help to pay for the care. This could include therapy, treatment devices, assistive devices, and procedures. Many lawsuits are settled out of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a judge could invalidate a verdict handed down by jurors. Your lawyer and the hospital's attorneys will likely try to reach an agreement before the trial begins. If you are unable to reach an agreement, the case will be taken to arbitration. This means that an impartial third party will hear both sides and decide who wins the case. The hearing may be more informal than a trial, however it's crucial to present physical evidence and witnesses for the hearing. Also, you must have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person, or they can give their testimony through video conference. Subpoenas need to be sent in advance to all witnesses so that they are aware of the requirement to be present at the hearing. Additionally, you must have your witnesses' addresses and contact numbers on file in case they're called as witnesses in the future. Complaints in Court Many children suffering from Erb's palsy are able to overcome physical limitations by intensive daily physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. However, a significant number of children are not able to recover in any way and will be left with the handicapping effects of this birth injury for life. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to fair compensation. To determine the worth of your case, your lawyer will work with doctors who specialize in treating these conditions to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer can also help to obtain copies of your child’s medical records, and investigate whether or not the doctor who treated your child's diagnosis had a prior history of malpractice cases. When your lawyer has a good knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will be involved in the discovery phase that involves exchanging evidence such as expert opinions, depositions and medical documents, and so on. This is a crucial part of your legal proceeding as it allows both sides to construct their arguments. It can take as long as an entire year before you can arrive at a settlement. Settlement If your Erb's Palsy lawsuit is successful, your lawyer might be able to secure compensation to cover medical expenses and future treatment costs which include adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life. Your lawyer will need evidence to prove that a mistake caused the injury to the brachial plexus in your child. This could include medical records, witness statements as well as expert testimony. After your lawyer has gathered this evidence, they'll 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. During this discovery phase each side will collect evidence to back up their claims. Most lawsuits are settled out of court rather than going to trial, as it's more cost-effective for all parties involved. If your attorney is confident that they can win the case in court it could be decided to go to the jury. A successful verdict in a birth injury lawsuit could provide families with a sense justice, and also help to raise awareness to prevent these types of injuries from happening in the future. If the verdict isn't favorable, you can appeal. Although this process may take more time but it also can increase the amount of compensation you receive.