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Erb's Palsy Litigation In the aftermath of your child's brachial plexus injury can help bring you and your family closure. However, the process of litigation is complicated and requires experienced legal representation. A successful lawsuit could award your family members compensation for your child's medical bills as well as future treatment. Learn more about the Erb's palsy litigation process. The Legal Process The most common reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific case. It could easily amount to millions of dollars. Many Erb's palsy lawsuits are settled out of court. The lawyers of both the plaintiff and defendant will collaborate to negotiate an agreement that is acceptable to both parties. This can shorten the legal process significantly and prevent your family from having a judge or jury decide their case. If your family is not able to reach a settlement and you are unable to reach a settlement, you must appear in the court. This could take a long time, but it can also potentially result in a higher amount. The brachial area is a group of nerves which control movement within the arm. During erb's palsy law firm southfield and birth, excessive forceful pulling of the neck, head, shoulders or on the arms, can result in damage to these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also seek to increase awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families receive an affordable financial settlement that helped their child's future. Arbitration or Mediation If your child was injured during the womb as a result of medical negligence and has suffered brachial palsy, anErb's settlement for palsy can help cover the cost of their treatment. This can include therapy, surgery aidive devices, and treatment. Many lawsuits are settled out of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a court overturning a jury verdict. Your lawyer and the hospital's attorneys are likely to attempt to negotiate an agreement prior to the trial begins. If you are not able to reach an agreement, your case will go to arbitration. This means that a neutral third party will hear both sides and decide who will win the lawsuit. This hearing is more informal than a court trial, but it is essential to have witnesses present and physical evidence. You also need to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can attend the hearing in person or they can give their testimony via video conference. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas before the hearing. Additionally, you must keep your witnesses' addresses and phone numbers on file in case they are called as a witness in the future. Complaint in the Court Many children who suffer from Erb's Palsy can overcome physical limitations with regular physical therapy. Some children will require surgery to repair torn nerve fibers. Many children do not recover and are forced to live suffering the effects of this birth injury. Parents who believe their Erb's palsy in their child was due to medical negligence during the delivery procedure have the right to claim an appropriate amount of compensation for their child's injuries. To determine the value of your case your lawyer will collaborate with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer can also assist you get copies of the medical records for your child and determine if the doctor who performed your child's birth had prior experience with similar malpractice cases. If your lawyer has a clear understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal proceedings because it allows both sides to develop their arguments. It can take up to a year to reach a settlement. Settlement If your Erb's palsy suit is successful, your lawyer could be able to secure compensation that covers medical costs and future treatment costs which include adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of living. Your lawyer will need evidence to prove that malpractice caused the injury to the brachial nerve in your child. This may include medical records and witness statements as well expert testimony. After your lawyer has gathered the evidence, they will bring a lawsuit against the defendants. They are typically the medical professionals who delivered your child. The defendants will be given a certain amount of time in which to respond to the lawsuit. during this discovery stage both sides will collect additional evidence to back their claims. Most lawsuits are settled out of court instead of going to trial because it's cheaper for all parties involved. If your lawyer is confident they can win at trial, they may choose to take the case to a verdict by a jury. A successful verdict in a birth injury lawsuit could bring families a sense of justice and help raise awareness to prevent these kinds of injuries from occurring in the future. If the verdict isn't favorable, you can appeal. Although this process may take longer but it also can increase the amount of the amount you are awarded.