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Erb's Palsy Litigation The legal process in the aftermath of your child's brachial plexus injury can help bring you and your family closure. However, the litigation process is complex and requires expert legal representation. If you win your lawsuit, your family could be awarded compensation for the medical expenses of your child as well as future treatment. Find out more about the Erb's Palsy lawsuit procedure. The Legal Process The most common reason families bring an Erb's palsy suit is to seek compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific case. It can easily reach millions of dollars. Many of Erb's palsy lawsuits have been settled outside of court. Lawyers for the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This can significantly shorten the legal process and prevent your family from having to face jurors or judges. If your family is unable to reach an agreement, you'll have to go to trial. This can take a lot of time, but could also result in a larger amount. The brachial plexus is a group of nerves that regulate movement in the arm. During labor and birth excessive forceful pulling of the neck, head, shoulders, or on the arms can cause nerve damage, resulting in Erb's palsy. In many instances, the injury is preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also wish to spread the word about this birth injury which could have been prevented. In the past these lawsuits have helped families obtain a fair financial settlement to help their child's future. Mediation or Arbitration If your child suffered an injury to the brachial area during pregnancy due to medical negligence, an Erb's settlement could help you pay for his or her treatment. This could include treatment, therapy devices, assistive devices, and procedures. Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a court might overturn a decision made by a jury. Your lawyer and hospital's lawyers will likely attempt to negotiate a settlement prior to when the trial starts. If you cannot reach an agreement, your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This hearing is more informal than a court case, but it is important to present witnesses and physical evidence. You should also have copies of all your legal documents and witnesses to present them at the hearing. You may either witness your witnesses attend the hearing or present their statements using video conferencing. Subpoenas must be issued in advance to all witnesses in order they are aware the requirement that they attend the hearing. Additionally, you must have the addresses of your witnesses and phone numbers in case in case they are required to appear to testify in the future. Complaints in the Court Many children who suffer from Erb's palsy can overcome their physical limitations with intense physical therapy every day. Some will require surgery to repair sprained or separated nerve fibers. However, a significant proportion of children are not able to recover in any significant way and will be forced to live with the limitations of this birth injury for the rest of their life. Parents who believe their Erb's palsy in their child was the result of medical negligence during the birth process have the right to seek fair compensation for their child's injuries. Your lawyer will collaborate with specialists in treating this condition. They will create an estimated cost of living for life estimate. This will help you determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and investigate whether the doctor who was involved in your child's birth had an history of similar malpractice cases. If your lawyer has a solid knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal proceeding because it gives both sides the chance to construct their arguments. Settlements can take as long as one year. Settlement If your lawsuit for Erb's palsy is successful, your lawyer might be able to obtain compensation to cover medical costs and future treatment costs such as 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 show that malpractice caused the injury to the brachial plexus in your child. This could include medical records, testimony from witnesses as well as expert testimony. After erb's palsy lawsuit ontario has gathered the evidence, they'll make a claim against the defendants, which are usually the medical professionals who gave your child. The defendants are then given a specific period of time to respond. In the discovery phase, each side will gather evidence to support its claims. Most lawsuits are settled out of court instead of going to trial, since it's more cost-effective for all parties involved. If however, your attorney is confident they can win in court, they might decide to take the case all the way to the verdict of a jury. A successful verdict will give families a sense justice and help educate people about how to prevent future birth injuries. However, if the verdict is not favorable to you You can appeal the decision. This process may take longer, but it could increase the amount you get.