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Erb's Palsy Litigation Legal action after your child's brachial-plexus injury may aid you and your family find closure. However, the litigation process is a bit complicated and requires skilled legal representation. A successful lawsuit could grant your family compensation for your child's medical bills and future treatment. Learn more about the Erb's palsy litigation procedure. The Legal Process The most frequent reason for families to start an Erb's Palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on your child's specific case and the severity of their injuries however, it can easily rise to the millions of dollars. Many of the Erb's palsy lawsuits are resolved outside of court. The lawyers of both the plaintiff and defendant will collaborate to negotiate an acceptable settlement to both parties. This can speed up the legal process by a significant amount and spare your family from having a jury or judge decide their case. If your family members are unable to reach an agreement on a settlement then you'll need to appear in the court. This can also take a long time, but it could also result in a larger award. The brachial plexus is a group of nerves that regulate movement in the arm. During labor and delivery excessive forceful pulling on the neck, head or shoulders, or on the arms could damage these nerves, causing Erb's palsy. This type of injury is usually avoidable. Families seek to make negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness of this birth injury which could have been prevented. In the past the lawsuits have helped families secure a fair financial settlement and get their child's life back on the right track. Mediation or Arbitration If your child sustained an injury to the brachial area in the womb due to medical negligence, an Erb's Palsy settlement can help to pay for the care. This could include surgeries, therapy as well as assistive devices and treatment. Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court could invalidate a verdict handed down by jurors. Your lawyer and hospital's lawyers will probably attempt to reach an agreement before the trial gets underway. If you are unable come to a deal your case will be sent to arbitration. A neutral third party will consider both sides and decide who wins the case. This kind of hearing could be more informal than a trial, but it is important to provide witnesses and evidence to the hearing. erb's palsy attorneys murfreesboro need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can invite your witnesses to the hearing or present their statements through video conferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas before the hearing. Keep the names of witnesses' telephone numbers and addresses on file, in case you need to call them as a future witness. Complaints in Court Many children who suffer from Erb's palsy can overcome physical limitations through regular physical therapy. Some children may require surgery to repair the torn nerve fibers. A significant number of children are never able to recover and must continue to live with the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation. Your lawyer will work with doctors who are experts in treating this condition to develop the lifetime cost of living estimate. This determines the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who was involved in your child's birth had prior experience with similar malpractice cases. Once your lawyer understands the injuries of your child then she will bring a lawsuit against the defendants. Both sides will go through the discovery phase, which includes exchanging evidence, including expert opinions, depositions and medical documents, and so on. This is an essential part of the legal process since it allows both sides to present their case. It can take up to an entire year to reach a settlement. Settlement If your Erb's palsy suit is successful, your lawyer might be able to secure compensation to cover medical expenses and future treatment costs, including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life. Your lawyer will have to gather evidence to prove the mistake that led to the brachial plexus injuries to your child and may include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, he or she will start a lawsuit against defendants. These are usually the medical professionals who delivered your child. The defendants are then given a specific time frame to respond. During this discovery phase each side will collect evidence to prove its case. Most lawsuits settle out of court instead of going to trial, since it's cost-effective for all parties involved. If your lawyer believes that they can win in court, they might decide to pursue the case to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and can help increase awareness to prevent these kinds of injuries from occurring in the future. If your verdict is not favorable to you You can appeal the decision. This procedure could take longer, but it could increase the amount you receive.