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Erb's Palsy Litigation Taking legal action in the aftermath of your child's brachial plexus injury can bring your family and you closure. However, the litigation process is complex and requires expert legal representation. A successful lawsuit can award your family members compensation for your child's medical expenses and future treatment. Find out more about Erb's palsy litigation process. The Legal Process The most popular reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded in a settlement will depend on the particular situation of your child as well as the severity of their injuries but can easily soar into the millions of dollars. Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can drastically reduce the legal process and avoid your family from having to appear before an attorney or a jury. However, if erb's palsy lawyer kenosha cannot agree on the terms of settlement, you'll need to go to trial. This could take a long time, but it can also potentially result in a bigger award. The brachial complex is a collection of nerves which control movement within the arm. A forceful pull on the neck, head shoulders or arms during labor and birthsuch as when doctors utilize forceps, vacuum extractors, or other tools excessively — can harm the nerves and cause Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to increase awareness about this birth injury that could have been avoided. In the past the lawsuits have helped families obtain an appropriate financial settlement to help their child get back on track. Arbitration or Mediation If your child was injured by a brachial plexus injury during birth due to medical negligence, an Erb's settlement can help you pay for his or her care. This could include surgery, therapy, assistive devices and treatment. Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a court in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will likely attempt to negotiate a settlement prior to when the trial starts. If you are unable agree to a settlement your case will be sent to arbitration. This means that an impartial third party will hear both sides and determine who wins the case. This type of hearing is more informal than a court trial however, it is crucial to have witnesses present and physical evidence. You will also need copies of all legal documents and witnesses to appear at the hearing. Witnesses are able to attend the hearing in person, or they can give their testimony via video conferencing. You must ensure that all your witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have your witnesses' addresses and phone numbers in case in case they're called as witnesses in the future. A complaint to the court Many children suffering from Erb's Palsy can overcome physical limitations with intense daily physical therapy. Some may require surgery to repair damaged or separated nerve fibers. A large number of children do not recover and are forced to live their lives with the effects of this birth injury. Parents who believe that their child's Erb's paralysis was the result of medical negligence during the delivery process are entitled to seek an appropriate amount of compensation for their child's injuries. To determine the value of your case the lawyer will work with specialists in treating these ailments to develop a life-long cost-of-living estimate. This is used to determine how much you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also help you get copies of your child's medical records, and look into whether or not the doctor who gave you your child's treatment had a previous experience of malpractice. If your lawyer has a solid understanding of your child's injuries after which she will file a lawsuit against the defendants. Both parties will go through the discovery phase which includes exchanging evidence such as expert opinions, depositions, additional medical documents, and so on. This is an essential aspect of your legal argument because it allows you to construct your case. Settlements can take as long as one year. Settlement If your Erb's palsy suit is successful, your lawyer might be able get compensation for medical costs and future treatment costs, including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life. Your lawyer will have to collect evidence to prove the mistake that led to the brachial plexus injury to your child that could include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, they'll start a lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants are given a specific period of time to respond to the lawsuit. during this process of discovery, both sides will gather additional evidence to back their assertions. Most lawsuits are settled outside of court rather than go to trial, because it's more cost-effective for all parties involved. If your attorney is convinced that they will win the case in court and decides to go to the jury. A successful verdict could give families a sense justice and help spread awareness about ways to avoid future birth injuries. If, however, your verdict is not in your favor You can appeal the decision. Although this process may take longer but it also can increase the amount of the compensation you receive.