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Erb's Palsy Litigation Legal action following your child's brachial-plexus injury may aid you and your family members find closure. The litigation process can be complex and requires an experienced lawyer. 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 lawsuit process. The Legal Process The most common reason families start an Erb's Palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the particular situation of your child as well as the extent of their injuries, but it could easily reach the thousands of dollars. Many of the Erb's Palsy lawsuits are settled without court. The lawyers of both the plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This could cut down the legal process significantly and spare your family from having a judge or jury decide the case. If your family members are unable to agree on a settlement and you are unable to reach a settlement, you must appear in the court. This can take a significant amount of time, however it can also result in a bigger award. The brachial plexus is a set of nerves that control movement in the arm. When you are pregnant, excessive forceful pulling of the neck, head, or shoulders, or on the arms, can cause damage to these nerves, leading to Erb's Palsy. In many cases, this injury can be prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to spread awareness about this birth injury that could have been prevented. In the past, these lawsuits helped families secure an equitable financial settlement to help their child's future. Arbitration or Mediation If your child was injured while in the womb due to medical negligence and suffered brachial paralysis, an Erb's settlement for palsy can help pay for their care. This may include therapy, treatment as well as assistive devices and procedures. Many lawsuits settle outside of court. This allows plaintiffs to get compensation faster and avoids the possibility that a judge might overturn a decision made by the jury. Your lawyer and hospital's lawyers will likely try to reach an agreement before the trial begins. If you fail to reach an agreement, your case will be sent to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This type of hearing can be more informal than a trial, however it's important to present witnesses and evidence to the proceedings. Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can either have your witnesses attend the hearing or provide their statements using video conferencing. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas before the hearing. Additionally, you must have their addresses and phone numbers on file in case they are called to testify in the future. Complaint in the Court Many children suffering from Erb's palsy can overcome physical limitations through intensive daily physical therapy. Some children will require surgery to repair the torn nerve fibers. A significant number of children are never able to recover and must continue to live their lives suffering the effects of this birth injury. Parents who believe their child's Erb's paralysis was due to medical negligence during the delivery procedure have the right to seek an appropriate amount of compensation for their child's injuries. Your lawyer will work with doctors who are experts in treating this condition to produce an estimated cost of living for life estimate. This is used to determine how much you're entitled to from the Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records, and look into whether the doctor who treated your child's diagnosis had a prior experience of malpractice. When your lawyer has a clear knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal argument because it helps you build your arguments. It can take as long as an entire year before you can negotiate a settlement. Settlement If your Erb's palsy suit is successful, your lawyer could be able to get compensation that covers medical expenses and future costs for treatment including adaptive devices and physical therapy. You could be awarded damages for emotional trauma or loss of quality of life. Your lawyer must gather evidence to prove mistake that led to your child's brachial plexus injury, which could include medical records, witness statements, and expert testimony. Once your lawyer has collected the evidence, they will file a lawsuit against the defendants. These are usually the medical professionals who have delivered your child. erb's palsy attorney michigan are then given a certain time frame to respond. In the discovery phase each side will collect evidence to support their claims. Most lawsuits are settled out of court instead of going to trial because it's more cost-effective for all parties involved. If your attorney is convinced that they'll win the case in court it could be decided to take it to the jury. A successful verdict will give families a sense of justice and increase awareness of ways to avoid future birth injuries. If your verdict isn't favorable you may appeal. While this procedure can take longer but it also can increase the amount of the amount you are awarded.