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Erb's Palsy Litigation Taking legal action in the aftermath of your child's brachial plexus injury can bring you and your family closure. However, the process of litigation is a bit complicated and requires skilled legal representation. erb's palsy lawyer midland can award your family members compensation for child's medical bills and future treatment. Learn more about the Erb's palsy lawsuit procedure. The Legal Process The most popular reason for families to start an Erb's Palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular case. It could easily amount to millions of dollars. Many cases involving Erb's palsy settle out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This could speed up the legal process significantly and prevent your family from having a judge or jury decide the case. If your family is unable to agree on a settlement then you'll need to appear in the court. It can take a long time, but it can also potentially result in a higher amount. The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head, or shoulders, or on the arms can damage these nerves, causing Erb's palsy. In many cases, this injury is preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to raise the word about this birth injury that could have been avoided. In the past the lawsuits have helped families obtain a fair financial settlement and get their child's life back on course. Mediation or Arbitration If your child was injured while in the womb as a result of medical negligence and was later diagnosed with brachial paralysis, an Erb's Settlement for palsy could help you pay for their treatment. This could include therapy, treatment, assistive devices, and procedures. Many lawsuits are settled outside of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys are likely to try to reach a settlement before the trial starts. If you are not able to reach an agreement, your case will be sent to arbitration. This means that a neutral third party will take in both sides and decide who will win the case. This kind of hearing could be more informal than a trial, however it is important to provide physical evidence and witnesses for the hearing. You also need 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 submit their statements via video conferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. You should also keep the numbers of your witnesses and addresses on file, in case you need to call them as witnesses in the future. Complaints in Court Many children suffering from Erb's syndrome can overcome physical limitations through regular physical therapy. Some may require surgery to fix torn or damaged nerve fibers. However, a significant number of children don't recover to a significant degree and will be left with the limitations of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation. Your lawyer will work with specialists in treating this condition to create a lifetime cost of living estimate. This will help determine the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records and determine whether or not the doctor who treated your child's treatment had a previous history of malpractice cases. Once your lawyer has a thorough understanding of your child's injuries, she will file your lawsuit against the defendants. Both parties will go through the discovery process, which includes exchanging evidence including expert opinions, depositions and medical records, and more. This is an essential part of your legal argument because it allows you to construct your arguments. Settlements can take as long as one year. Settlement If your Erb's Palsy lawsuit is successful, your lawyer might be able to obtain compensation to cover medical costs and future treatment costs, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life. Your lawyer will have to collect evidence to prove the mistake that led to your child's brachial-plexus injury which could include medical documents, witness statements, and expert testimony. After your lawyer has collected this evidence, they'll bring the lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants are given a specified amount of time to reply to the lawsuit, and during this discovery phase each side will gather more evidence to support their assertions. Most lawsuits are settled out of court rather than going to trial due to the fact that it is cheaper for all parties involved. If however, your attorney believes that they can win at trial, they may choose to take the case all the way to an appeals court verdict. A successful verdict could provide families with a sense of justice and increase awareness of how to prevent future birth injuries. If your verdict is not favorable you may appeal. While this process can take longer, it can also increase the amount of the compensation you receive.