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Erb's Palsy Litigation In the aftermath of your child's brachial-plexus injury can help bring your family and you closure. The litigation process can be complex and requires an experienced lawyer. A successful lawsuit may award your family compensation for child's medical bills as well as future treatment. Find out more about the Erb's palsy lawsuit process. The Legal Process Families file lawsuits against Erb's palsy to get reimbursement for medical expenses and other expenses. erb's palsy lawsuit arizona of money that is awarded will depend on the severity of your child's injuries as well as the particular case. It could easily amount to millions of dollars. Many of Erb's palsy lawsuits have been resolved outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can significantly shorten the legal process, and also prevent your family from having to face the jury or judge. If your family is unable to reach a settlement then you'll need to appear in court. This can take a long time, however, it could result in a higher amount. The brachial nerves regulate the movement of the arm. Forcing 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 can be prevented. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness of this birth injury which could have been prevented. In the past, these lawsuits helped families get an equitable financial settlement to help their child's future. Mediation or Arbitration If your child was injured in the womb by medical negligence and was later diagnosed with brachial paralysis, an Erb's Palsy settlement can help you cover the cost of their treatment. This could include therapy, treatment, assistive devices, and operations. Many lawsuits settle out of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and the hospital's lawyers will likely seek an agreement prior to the trial gets underway. If you are unable settle your dispute the case will be taken to arbitration. A neutral third party will consider both sides and decide who wins the case. This hearing is more informal than a court trial, but it is important to have witnesses present and physical evidence. You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can have witnesses present at the hearing in person or you can present their testimony via video conferencing. You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas before the hearing. Keep the names of witnesses' telephone numbers and addresses in the file in case you have to contact them for an upcoming witness. Complaints in Court Many children suffering from Erb's Palsy can overcome physical limitations with regular physical therapy. Some may require surgery to repair damaged or separated nerve fibers. However, a significant proportion of children don't recover to any measurable degree and will be forced to live with the effects of this birth injury for life. Parents who believe their child's Erb's syndrome was the result of negligence in the delivery process are entitled to claim an appropriate amount of compensation for their child's injuries. Your lawyer will work with doctors that specialize in treating this condition. They will create the lifetime cost of living estimate. This helps determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also help you get copies of your child's medical records and investigate whether the doctor who was involved in your child's birth had an history of similar malpractice cases. Once your lawyer has a good understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will undergo the discovery phase which involves exchanging evidence like expert opinions, depositions and medical documents and more. This is an essential part of your legal action because it allows both sides to build their arguments. It can take up to one year to settle a case. Settlement If your Erb's Palsy lawsuit is successful, your lawyer might be able to secure compensation to pay for medical costs as well as future treatment costs. adaptive devices, as well as physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life. Your lawyer will need to collect evidence to prove the error that caused the brachial plexus injuries to your child which could include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they will file a lawsuit against the defendants. These are usually the medical professionals who provided your child with. The defendants are then given a specific amount of time to respond. In the discovery phase each side will collect evidence to back up their claims. Most lawsuits are settled outside of court rather than going to trial due to the fact that it is cheaper for everyone involved. If your lawyer believes they will win in court, they could choose to take the case all the way to an appeals court verdict. A successful verdict can bring families a sense that justice has been done and help spread awareness about ways to avoid future birth injuries. However, if the verdict is not favorable to you it is possible to appeal the decision. This could take a bit longer, but it can increase the amount you get.