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Erb's Palsy Litigation Legal action after the injury to your child's brachial plexus may aid you and your family find closure. However, the process of litigation is a bit complicated and requires skilled legal representation. If you win your lawsuit, your family could receive compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's Palsy lawsuit procedure. The Legal Process Families file lawsuits against Erb's palsy to obtain reimbursement for medical expenses and other expenses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the particular situation. It can easily reach millions of dollars. Many cases involving Erb's palsy have been settled out of court. The lawyers for both the plaintiff and defendant 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 judge or jury decide their case. If your family members are unable to reach a settlement the family will have to appear in the court. This can take a significant amount of time, however it can also result in a larger award. The brachial nerves regulate the movement of the arm. During labor and birth excessive forceful pulling of the head, neck or shoulders or on the arms could result in damage to these nerves and cause Erb's palsy. This condition is usually preventable. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness about this birth injury that could have been prevented. In the past these lawsuits have helped families obtain an equitable financial settlement that helped their child's future. Mediation or Arbitration If your child was injured while in the womb as a result of medical negligence, and suffered from brachial palsy, an Erb's settlement for palsy can help to pay for their medical treatment. This may include treatment, therapy aids, assistive devices, as well as surgeries. Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a judge could reverse a verdict given by jurors. Your lawyer and the hospital attorneys will most likely attempt to reach an agreement before the trial starts. If you're unable to reach a settlement your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This type of hearing is more informal than a court case, but it is important to present witnesses and physical evidence. You will also require copies of all legal documents and witnesses to be present at the hearing. You can either have your witnesses attend the hearing or provide their statements through video conferencing. Subpoenas need to be sent in advance to all witnesses so that they are aware of the requirement to attend the hearing. Keep the numbers of your witnesses and addresses on file, in case you need to call them as an upcoming witness. Complaints in Court Many children with Erb's Palsy can overcome physical limitations through regular physical therapy. Some children will need surgery to repair the torn nerve fibers. Many children will never recover and have to live their lives with the effects of this birth injury. Parents who believe that their child's Erb's palsy was due to negligence in the delivery process are entitled to claim fair compensation for their child's injuries. To determine the value of your case the lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and also determine whether or not the doctor who treated your child's diagnosis had a prior experience of malpractice. Once your lawyer understands the child's injuries, she will make a claim against the defendants. Both parties will go through the discovery phase which includes exchanging evidence such as expert opinions, depositions and medical documents, and so on. This is a crucial part of your legal proceeding since it allows both sides to build their arguments. Settlements can last for up to one year. Settlement When your Erb's palsy lawsuit is successful, your lawyer might be able to secure compensation that covers medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of life. Your lawyer will need to gather evidence to prove mistake that led to the brachial plexus injury to your child that could include medical documents, witness statements and expert testimony. After erb's palsy attorney sacramento has collected the evidence, they'll file the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants are given a specified amount of time to respond to the suit, and during the discovery phase both sides will gather additional evidence to support their claims. Most lawsuits are settled outside of court instead of going to trial as it is more cost-effective for everyone involved. If your lawyer is confident that they can win the case at trial and decides to take it to the jury. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and raise awareness and prevent these types of injuries from happening again in the future. However, if the verdict is not in your favor, you can appeal the decision. The process could take longer, but it can increase the amount you are awarded.