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Erb's Palsy Litigation Legal action following your child's injury to the brachial plexus could aid you and your family find closure. The process of litigation can be complicated and requires a skilled lawyer. If you win your lawsuit, your family can receive compensation for medical expenses of your child and future treatment. Find out more about Erb's palsy litigation process. The Legal Process Families file Erb's Psy lawsuits to obtain the cost of medical treatment 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 situation. It could easily reach millions of dollars. Many of Erb's palsy lawsuits have been resolved outside of court. The lawyers of both the plaintiff and the defendant will collaborate to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process, and also prevent your family from having to appear before an attorney or a jury. However, if your family members cannot reach a settlement you will have to go to trial. This can take a lot of time, but it could also result in a bigger settlement. The brachial plexus is a set of nerves which control movement within the arm. Forcing the head, neck, arms or shoulders during labor and delivery -such as when doctors make use of forceps or vacuum extractors excessively — can damage these nerves, causing Erb's palsy. The injury is often prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also wish to spread the word about this birth injury which could have been avoided. In the past, these lawsuits have helped families obtain an equitable financial settlement and help their child get back on course. Arbitration or Mediation If your child sustained an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's palsy settlement can help you to pay for the care. This could include surgery, therapy, assistive devices and treatment. erb's palsy lawsuit nashville settle out of court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital's attorneys will likely seek a settlement prior to when the trial gets underway. If you fail to reach an agreement, the case will be sent to arbitration. This means that an impartial third party will take in both sides and decide who wins the lawsuit. This hearing is more informal than a court trial, however, it is crucial to present witnesses and physical evidence. Also, you must have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to attend the hearing in person or you can submit their statements through video conference. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. Additionally, you must have your witnesses' addresses and phone numbers on file in the event that they are needed to testify in the future. Complaints in the Court Many children who suffer from the condition Erb's-Palsy can overcome physical limitations through daily physical therapy. Some will require surgery to repair torn or damaged nerve fibers. A significant number of children are never able to recover and must continue to live their lives with the consequences of this birth injury. Parents who believe their child's Erb's palsy was the result of medical negligence during the birth process are entitled to claim fair compensation for the injuries suffered by their child. Your lawyer will work with specialists in treating this condition. They will create a lifetime cost of living estimate. This is used to determine how much you are entitled to receive from the Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor who was involved in your child's birth had a history of similar malpractice cases. When your lawyer has a good knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will go through the discovery phase which includes exchanging evidence such as expert opinions, depositions, additional medical documents and more. This is a crucial part of your legal argument because it helps you build your arguments. It can take as long as a year to reach a settlement. Settlement When your Erb's palsy lawsuit is successful, your lawyer could be able to obtain compensation that covers medical costs and future treatment costs, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life. Your lawyer will need evidence to prove that negligence caused the injury to the brachial area in your child. This could include medical records, witness statements as well expert testimony. After your lawyer has gathered the evidence, he will file a lawsuit against the defendants. These are usually the medical professionals that provided your child with. The defendants are then given a set amount of time to reply. In the discovery phase each side will collect evidence to support their claims. Most lawsuits are settled outside of court instead of going to trial because it's more cost-effective for the parties involved. If however, your attorney is confident that they will prevail in court, they might decide to take the case to an appeals court verdict. A successful verdict will give families a sense of justice and raise awareness about how to avoid any future birth injuries. If your verdict is not in your favor, you can appeal the decision. This could take a bit longer, but can increase the amount you receive.