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Erb's Palsy Litigation Taking legal action in the aftermath of your child's brachial plexus injury can help bring your family and you closure. However, the process of litigation is complicated and requires experienced legal representation. A successful lawsuit could grant your family compensation for your child's medical expenses and future treatment. Learn erb's palsy lawsuit richmond about the Erb's-Palsy lawsuit procedure. The Legal Process Families file Erb's Palsy lawsuits to recover the cost of medical treatment and other losses. The amount of money offered in a settlement will depend on the specific situation of your child and the severity of their injuries but can easily soar into the millions of dollars. Many of Erb's lawsuits involving palsy are settled out of court. Lawyers for 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 save your family from having to go before jurors or judges. If your family is not able to come to a deal then you'll need to appear in court. This could take a long time, however, it could result in a higher amount. The brachial nerves regulate the movement of the arm. The forceful pulling of the neck, head, arms or shoulders during labor and birth- such as when doctors employ forceps or vacuum extractors excessively — can cause damage to these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness of this birth injury which could have been prevented. In the past these lawsuits helped families secure an affordable financial settlement and help their child get back on course. Arbitration or Mediation If your child has suffered an injury to the brachial nerve in the womb due to medical negligence, an Erb's settlement could help you pay for his or her care. This can include surgery, therapy as well as assistive devices and treatments. Many lawsuits settle out of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers will probably attempt to reach an agreement before the trial starts. If you are not able to reach an agreement, your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, but it's important to present witnesses and evidence to the proceedings. You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can either invite your witnesses to the hearing or provide their statements using video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. You should also keep the numbers of your witnesses and addresses in the file in case you have to contact them as a future witness. Complaints in the Court Many children suffering from Erb's palsy can overcome physical limitations through daily physical therapy. Some children will need surgery to repair damaged nerve fibers. However, a significant number of children don't recover in any significant way and will be left with the handicaps of this birth injury for life. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation. To determine the worth of your case, your lawyer will work with specialists in treating these conditions to come up with a lifetime cost-of living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of your child’s medical records, and look into whether the doctor who performed surgery on your child had a previous record of malpractice cases. Once your lawyer has identified the injuries suffered by your child she will bring a lawsuit against the defendants. Both sides will go through the discovery phase that involves exchanging evidence including expert opinions, depositions and medical documents and more. This is an important part of your legal case as it allows you to develop your case. Settlements can take as long as one year. Settlement If your Erb's Palsy lawsuit is successful the lawyer may be able to get compensation to pay for medical expenses as well as future treatment costs. adaptive devices, as well as physical therapy. You could receive damages due to emotional trauma or loss of quality of life. Your lawyer will need evidence to prove that a mistake caused the injury to the brachial nerve in your child. This could include medical records, witness statements, as well as expert testimony. After your lawyer has gathered the evidence, he will start a lawsuit against defendants. They are typically the medical professionals that delivered your child. The defendants are then given a set period of time to respond. In this discovery phase each side will gather evidence to support their claims. Most lawsuits are settled out of court instead of going to trial as it's more cost-effective for everyone involved. If your attorney is confident that they can win the case at trial it could be decided to try to get the jury. A successful verdict will provide families with a sense of justice and raise awareness about how to prevent future birth injuries. If your verdict isn't favorable you may appeal. This procedure could take longer, but it can increase the amount you get.