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Erb's Palsy Litigation The legal process in the aftermath of your child's plexus brachial injury can help bring you and your family closure. The process of suing can be complicated and requires a skilled lawyer. If you win your lawsuit, your family may receive compensation for medical bills of your child and future treatment. Find out more about the Erb's Palsy lawsuit procedure. The Legal Process Families file Erb's Psy lawsuits to obtain compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific situation. It could easily reach millions of dollars. Many of Erb's lawsuits involving palsy are settled outside of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can speed up the legal process dramatically and keep your family from having a judge or jury decide their case. If your family members are unable to reach a settlement the family will have to go to the court. This can take a long time, but it can also potentially result in a bigger award. The brachial nerves control the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head, shoulders or on the arms, can result in damage to these nerves and cause Erb's Palsy. The injury is often avoidable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about the birth injury which could have been prevented. In erb's palsy attorneys akron , these lawsuits have helped families get an appropriate financial settlement to help their child get back on course. Mediation or Arbitration If your child was injured by an injury to the brachial nerve in the womb due to medical negligence, an Erb's settlement could help you pay for their treatment. This could include therapy, surgery as well as assistive devices and treatment. Many lawsuits are settled out of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court could overturn a verdict awarded by a jury. Your lawyer and the hospital's lawyers will most likely attempt to reach an agreement before the trial gets underway. If you are not able to reach an agreement, your case will be referred to arbitration. A neutral third party will listen to both sides and determine who wins the case. The hearing may be more informal than a trial, however it is important to provide witnesses and evidence for the hearing. Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to attend the hearing in person, or you can present their testimony through video conferencing. Subpoenas must be sent in advance to all witnesses to ensure that they are aware of the requirement to attend the hearing. Additionally, you must have the addresses of your witnesses and telephone numbers on file in case they are called as a witness in the future. A complaint to the court Many children suffering from Erb's palsy are able to overcome physical limitations by regular physical therapy. Some children will require surgery to repair torn nerve fibers. A large percentage 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's syndrome was due to negligence in the delivery process have the right seek fair compensation for the injuries suffered by their child. Your lawyer will collaborate 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 Erb's palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor who performed your child's birth had a history of similar malpractice cases. If your lawyer has a thorough understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an important part of your legal defense because it helps you build your case. Settlements can last for up to one year. Settlement When your Erb's palsy lawsuit is successful, your lawyer may be able to get compensation for medical expenses and future treatment costs such as adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life. Your lawyer will require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This may include medical records and witness statements as well expert testimony. Once your lawyer has collected the evidence, he or she will make a claim against the defendants. They are typically the medical professionals who have delivered your child. The defendants are given a certain period of time to respond to the lawsuit, and during the discovery phase each side will gather more evidence to support their claims. Most lawsuits are settled outside of court, rather than going to trial as it is more cost-effective for everyone involved. If your lawyer believes they will win in court, they could decide to take the case to the verdict of a jury. A successful verdict could give families a sense of justice and increase awareness of how to prevent future birth injuries. However, if the verdict is not in your favor, you can appeal the decision. This procedure could take longer, but it will raise the amount you receive.