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Erb's Palsy Litigation Taking legal action in the aftermath of your child's brachial injury can help bring you and your family closure. The process of litigation can be complex and requires an experienced lawyer. If you prevail in your lawsuit, your family may be awarded compensation for the medical expenses of your child and future treatment. Learn more about the Erb's Palsy lawsuit process. The Legal Process Families file Erb's-Palsy lawsuits to get compensation for medical costs and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific situation. It can easily reach millions of dollars. Many of Erb's palsy lawsuits have been resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can significantly speed up the legal process and save your family from having to appear before the jury or judge. If your family is not able to reach a settlement then you'll need to go to court. This can take a considerable amount of time, however it can also result in a bigger award. The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling of the neck, head, or shoulders, or on the arms could cause nerve damage, resulting in Erb's palsy. This condition is usually preventable. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past, these lawsuits have helped families receive a fair financial settlement to support their child's future. Mediation or Arbitration If your child was injured while in the womb because of medical negligence and was later diagnosed with brachial sprains, an Erb's Palsy settlement can help you to pay for their medical treatment. This can include therapy, surgery as well as assistive devices and treatments. Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a judge might overturn a decision made by a jury. Your lawyer and the hospital's attorneys will likely try to reach an agreement prior to the trial beginning. If you're not able to come to a deal the case will be taken to arbitration. A neutral third party will consider both sides and decide who will win the case. This kind of hearing could be more informal than a trial, but it's crucial to present witnesses and evidence for the proceedings. You will also need copies of all legal documents and witnesses to present at the hearing. You can have witnesses present at the hearing in person, or they can give their testimony via video conferencing. You must ensure that all of your witnesses are aware they are required to attend the hearing by submitting subpoenas ahead of time. Additionally, you must have your witnesses' addresses and phone numbers in case in the event that they are needed as a witness in the future. Complaints in the Court Many children suffering from the condition Erb's-Palsy can overcome physical limitations with intense physical therapy every day. Some will require surgery to repair damaged or damaged nerve fibers. However, a significant proportion of children are not able to recover in any significant way and will be left with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their Erb's palsy in their child was due to negligence in the delivery process are entitled to claim an appropriate amount of compensation for the injuries suffered by their child. Your lawyer will work with doctors who specialize in treating this condition to develop an annual cost of living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer can also help you get copies of the medical records for your child and determine if the doctor involved in your child's birth had a history of similar malpractice cases. When your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase. erb's palsy law firm memphis involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal defense because it allows you to develop your case. Settlements can last for up to one year. Settlement If your lawsuit for Erb's palsy is successful, your lawyer might be able to get compensation to cover medical expenses and future treatment costs, including adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life. Your lawyer will have to gather evidence to prove the error that caused your child's brachial plexus injury which could include medical records, witness statements and expert testimony. Once your attorney has gathered this evidence, they'll start a lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a set period of time to respond. In this discovery phase each side will collect evidence to support its claims. Most lawsuits are settled outside of court rather than go to trial, as it's cheaper for all parties involved. However, if your attorney believes that they can win in court, they could choose to take the case all the way to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense justice, and also help to raise awareness in order to prevent these types of injuries from happening again in the future. If your verdict isn't favorable, you can appeal. This could take a bit longer, but it could increase the amount you are awarded.