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Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could aid you and your family members find closure. However, the process of litigation is complicated and requires experienced legal representation.

If you are successful in your lawsuit, your family will receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

The most frequent reason for families to pursue an Erb's-related lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular case. It could easily be millions of dollars.

Many of Erb's palsy lawsuits have been resolved outside of court. The lawyers for both the plaintiff and defendant will work together to find a settlement that is acceptable to both parties. This can significantly speed up the legal process and save your family from having to face an attorney or a jury. If your family is unable come to a deal, you will need to go to court. This can also take a long time, but it could also result in a larger award.

The brachial area is a group of nerves which control movement within the arm. Forcing the head, neck, arms or shoulders during labor and birthsuch as when doctors use forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families obtain an affordable financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child was injured during the womb as a result of medical negligence and suffered brachial palsy, an Erb's settlement for palsy can help pay for their treatment. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle out of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's attorneys will likely attempt to negotiate a settlement prior to when the trial gets underway.

If you are not able to reach an agreement, the case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, but it is important to provide witnesses and evidence in the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can choose to have your witnesses attend the hearing or provide their testimony via video conferencing. Subpoenas should be sent in advance to all witnesses so that they are aware of the requirement to attend the hearing. You should also keep the numbers of your witnesses and addresses in the file in case you have to contact them for witnesses in the future.

A complaint to the court

Many children who suffer from erb's palsy law firms Palsy can overcome their physical limitations with regular physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. A large percentage of children are not able to recover and will have to live their lives suffering from the effects of this birth injury. Parents who believe their Erb's palsy in their child was the result of medical negligence during the delivery process have the right seek fair compensation for the injuries suffered by their child.

To establish the value of your case your lawyer will collaborate with specialists in treating these ailments to come up with a lifetime cost-of living estimate. This will help determine the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also help you obtain copies of the medical records for your child and investigate whether the doctor responsible for your child's birth had a history of similar malpractice cases.

When your lawyer has a good understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal case as it helps you build your case. Settlements can take up to one year.

Settlement

If your Erb's Palsy lawsuit is successful the lawyer may be able to secure compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices in addition to physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need to gather evidence to prove mistake that led to your child's brachial-plexus injury which could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against defendants. These are usually the medical professionals who provided your child with. The defendants are then given a certain time frame to respond. In this discovery phase each side will gather evidence to back up their claims.

Most lawsuits are settled out of court rather than going to trial since it is cheaper for all parties involved. If your lawyer is confident that they will prevail at trial, they may decide to pursue the case to a verdict by a jury. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and raise awareness and prevent these types of injuries from happening again in the future. If your verdict is not favorable, you can appeal. The process could take longer, but it will increase the amount you receive.