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erb's palsy law firm baldwin park In the aftermath of your child's brachial plexus injury can help bring your family and you closure. However, the process of litigation is complex and requires expert legal representation. If you are successful in your lawsuit, your family may receive compensation for the medical bills of your child as well as future treatment. Read on to learn more about the Erb's syndrome lawsuit procedure. The Legal Process Families file Erb's Palsy lawsuits to seek compensation for medical costs and other expenses. The amount of money offered in a settlement will depend on your child's specific case and the severity of their injuries but it could easily reach the millions of dollars. Many of the lawsuits involving Erb's Psy have been settled out of court. The lawyers representing both the plaintiff and the defendant will work together to find an agreement that is acceptable to both parties. This can significantly shorten the legal process and save your family from having to face a judge or jury. However, if the family is unable to reach an agreement, you'll have to go to trial. It can take a long time however, it could result in a higher award. The brachial plexus is a group of nerves which control movement in the arm. Forcing the neck, head shoulders or arms during labor and delivery -for example, when doctors use forceps or vacuum extractors in excess — can damage these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past these lawsuits have allowed families to obtain a fair financial settlement and help their child get back on path. Mediation or Arbitration If your child was injured during the womb because of medical negligence and was later diagnosed with brachial palsy, an Erb's Palsy settlement can help you to pay for their medical treatment. This may include therapy, treatment devices, assistive devices, and operations. Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a judge could reverse a verdict given by a jury. Your lawyer and the hospital's attorneys will likely try to reach an agreement before the trial gets underway. If you cannot reach an agreement, the case will go to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. This type of hearing is more informal than a court case, but it is important to present witnesses and physical evidence. You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses present at the hearing in person, or you can provide their statements through video conference. You must ensure that all of your witnesses are aware they will be required to appear at the hearing by submitting subpoenas in advance. In addition, you must have their addresses and contact numbers on file in the event that they are needed to testify in the future. Complaints in Court Many children with Erb's -Pallsy are able to overcome physical limitations by regular physical therapy. Some children may require surgery to repair torn nerve fibers. Many children are never able to recover and must continue to live with the consequences of this birth injury. Parents who believe that their child's Erb's palsy was due to negligence in the delivery process are entitled to claim an appropriate amount of compensation for their child's injuries. Your lawyer will collaborate with specialists in treating this condition to create an estimated cost of living for life estimate. This helps determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer will also help you get copies of the medical records for your child and determine if the doctor who performed the birth of your child had prior experience with similar malpractice cases. When your lawyer has a clear knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a vital part of the legal process because it allows both sides to build their arguments. Settlements can take up to one year. Settlement If your Erb's Palsy lawsuit is successful, your lawyer might be able get compensation to cover medical costs and future treatment costs including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life. Your lawyer will have to gather evidence to prove the malpractice that caused the brachial plexus injuries to your child which could include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they will make a claim against the defendants. These are usually the medical professionals who provided your child with. The defendants are then given a specific period of time to respond. In this phase of discovery, each side will gather evidence to support its claims. Most lawsuits settle out of court, rather than go to trial, because it's cost-effective for all parties involved. If your attorney is confident that they will win the case in court and decides to go to the jury for a verdict. A successful verdict will bring families a sense that justice has been done and increase awareness of how to prevent future birth injuries. If your verdict is not in your favor then you may appeal the decision. This process may take longer, but it can increase the amount you receive.