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Erb's Palsy Litigation Legal action following the brachial-plexus injury of your child could aid you and your family find closure. The process of litigation can be complex and requires an experienced lawyer. If you prevail in your lawsuit, your family may be awarded compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb’s palsy lawsuit process. The Legal Process Families file Erb's Psy lawsuits to get compensation for medical costs and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the particular situation. It could easily reach millions of dollars. Many of Erb's lawsuits involving palsy are resolved outside of court. The lawyers representing both the plaintiff and the defendant will collaborate to reach an acceptable settlement to both parties. This can speed up the legal process significantly and keep your family from having a jury or judge decide their case. If your family is unable agree on a settlement then you'll need to go to the court. This can take a long time but it can also potentially result in a larger award. The brachial complex is a collection of nerves that regulate movement within the arm. When you are pregnant, excessive forceful pulling of the neck, head, shoulders or on the arms, can damage these nerves, causing Erb's Palsy. This injury is often preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also wish to spread awareness of this birth injury that could have been avoided. In the past these lawsuits helped families get an equitable financial settlement to help their child's future. Arbitration or Mediation If your child has suffered an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's settlement can help you pay for their care. This could include therapy, treatment aids, assistive devices, as well as operations. Many lawsuits settle outside of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a judge overturning a jury verdict. Your lawyer and the hospital attorneys will most likely attempt to reach an agreement before the trial starts. If you're not able to reach a settlement, your case will proceed to arbitration. A neutral third party will listen to both sides and decide who wins the case. This type of hearing is more informal than a court trial, however it is vital to have witnesses present and physical evidence. Also, you must have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to present at the hearing in person or you can present their testimony through video conference. Subpoenas should be sent in advance to all witnesses so they are aware the requirement to attend the hearing. You should also keep the numbers of your witnesses and addresses on file, in case you need to contact them for an upcoming witness. Complaint in the Court Many children who suffer from the condition Erb's-Palsy can overcome their physical limitations with daily physical therapy. Some children will need surgery to repair the torn nerve fibers. A large percentage of children are not able to recover and will have to live with the consequences of this birth injury. Parents who believe that their child's Erb's syndrome was the result of negligence by a medical professional during the birth process 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. They will create an annual cost of living estimate. This is used to determine how much you're entitled to from your settlement for Erb's Palsy. Your lawyer can also help you obtain copies of your child's medical records and determine if the doctor who performed your child's birth had previous malpractice cases. Once your lawyer understands the injuries of your child then she will file a lawsuit against the defendants. Both sides will go through the discovery process which includes exchanging evidence including expert opinions, depositions medical documents and more. This is an essential part of your legal action because it allows both sides to build their arguments. Settlements can take as long as one year. Settlement If your lawsuit for Erb's palsy is successful, your lawyer could be able to obtain compensation that covers medical expenses and future treatment costs including adaptive devices and physical therapy. You may be awarded damages due to emotional trauma or loss of quality of life. Your lawyer will require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This may include medical records and witness statements, as well as expert testimony. Once your lawyer has gathered this evidence, they'll bring the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are then given a specific amount of time to respond. In the discovery phase the parties will gather evidence to prove its case. Most lawsuits settle out of court, rather than going to trial, since it's cost-effective for all parties involved. If your lawyer believes they will win in court, they could choose to take the case all the way to a jury verdict. erb's palsy law firm salt lake city in the case of a birth injury lawsuit may provide families with a sense justice, and also help to raise awareness to prevent these kinds of injuries from happening again in the future. However, if your verdict is not favorable to you it is possible to appeal the decision. This could take a bit longer, but it will increase the amount you get.