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Erb's Palsy Litigation Taking legal action in the aftermath of your child's brachial injury can bring you and your family closure. However, the litigation process is a bit complicated and requires skilled legal representation. If you prevail in your lawsuit, your family may be awarded compensation for the medical expenses of your child and future treatment. Find out more about Erb's palsy litigation process. The Legal Process The most common reason for families to start an Erb's Palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money offered 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 of the Erb's palsy lawsuits are resolved outside of court. The lawyers of both the plaintiff and defendant collaborate to negotiate a settlement that is acceptable to both parties. This can drastically cut down on the legal process, and also prevent your family from having to face the jury or judge. If your family is unable to agree on a settlement and you are unable to reach a settlement, you must go to court. This can take a considerable amount of time, however it can also result in a bigger settlement. The brachial nerves regulate the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head, shoulders or on the arms can cause nerve damage, resulting in Erb's Palsy. In many instances, the injury is preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past these lawsuits have helped families receive an appropriate financial settlement that helped their child's future. Arbitration or Mediation If your child has suffered an injury to the brachial nerve during birth due to medical negligence, an Erb's settlement can help pay for their care. This can include surgery, therapy as well as assistive devices and treatment. Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will likely seek a settlement prior to when the trial starts. If you fail to reach an agreement, the case will be sent to arbitration. This means that a neutral third party will hear both sides and decide who wins the case. This type of hearing can be more informal than a trial, however it's important to present witnesses and evidence for the hearing. You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person or you can submit their statements through video conferencing. You must ensure that all witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. Additionally, you must keep your witnesses' addresses and phone numbers in case in case they're called to testify in the future. Complaint to the Court Many children suffering from Erb's Palsy can overcome physical limitations through intensive daily physical therapy. Some children will need surgery to repair the torn nerve fibers. erb's palsy lawsuit missouri of children will never recover and have to live suffering from the effects of this birth injury. Parents who believe that their child's Erb's paralysis was the result of medical negligence during the birth process have the right claim an appropriate amount of compensation for the injuries suffered by their child. To determine the value of your case the lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer will also help you obtain copies of the medical records for your child and determine if the doctor involved in your child's birth had an history of similar malpractice cases. Once your lawyer understands the harms your child has suffered and the child's injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery process which involves exchanging evidence including expert opinions, depositions, additional medical documents, and so on. This is a crucial aspect of your legal proceeding because it allows both sides to build their arguments. Settlements can take up to one year. Settlement If your Erb's palsy lawsuit is a success, your lawyer might be able to secure compensation to pay for medical costs, future treatment costs and 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 malpractice caused the brachial plexus injury in your child. This could include medical records as well as witness statements as well as expert testimony. Once your attorney has gathered this evidence, they will start a lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants will then be given a specified amount of time to respond to the lawsuit. during this discovery stage both sides will collect additional evidence to support their assertions. Most lawsuits settle out of court, instead of going to trial, because it's cheaper for all parties involved. If your attorney is convinced that they'll win the case at trial and decides to try to get an appeal to a jury verdict. A successful verdict could bring families a sense that justice has been done and increase awareness of ways to avoid future birth injuries. If the verdict you receive is not favorable you may appeal. While this process could take more time but it also can increase the amount of the compensation you receive.