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Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial plexus injury can bring you and your family closure. However, the litigation process is a bit complicated and requires skilled legal representation.

A successful lawsuit may award your family compensation for your child's medical bills and future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy 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 as well as the particular case. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both the plaintiff and defendant come together to negotiate an acceptable settlement to both parties. This could speed up the legal process by a significant amount and spare your family from having a jury or judge decide the case. If, however, your family members are unable to agree on a settlement you will have to go to trial. This could take a long time, but it can also potentially result in a higher amount.

The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling on the neck, head or shoulders or on the arms can result in damage to these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to create awareness of this birth injury which could have been prevented. In the past these lawsuits helped families secure an appropriate financial settlement to help their child's future.

Arbitration or Mediation

If your child suffered a brachial plexus injury during the womb as a result of medical negligence, an Erb's Palsy settlement can help you pay for their care. This could include surgery, therapy, assistive devices and treatment.

Many lawsuits settle outside of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a court overturning a jury verdict. Your lawyer and hospital's lawyers will probably seek to negotiate a settlement before the trial gets underway.

If you're unable to agree to a settlement the case will be taken to arbitration. A neutral third party will consider both sides and decide who will win the case. The hearing may be more informal than a trial, however it is crucial to present physical evidence and witnesses for the hearing.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You can either witness your witnesses attend the hearing or provide their statements via videoconferencing. Subpoenas should be sent in advance to all witnesses so they are aware of the requirement to be present at the hearing. You should also keep the numbers of your witnesses and addresses on file in case you need to call them as an upcoming witness.

Complaint to the Court

Many children suffering from the condition erb's palsy lawyers-Palsy can overcome their physical limitations with intensive daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a large percentage of children are not able to recover to any measurable degree and will be forced to live with the effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair amount of compensation.

Your lawyer will collaborate with doctors who are experts in treating this condition to create an annual cost of living estimate. This determines the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records, and look into whether or not the doctor who performed surgery on your child had a previous record of malpractice cases.

When your lawyer is aware of the injuries suffered by your child she will bring a lawsuit against the defendants. Both sides 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 part of the legal process since it allows both sides to build their arguments. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation for medical costs and future treatment costs including adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will have to gather evidence to prove the error that caused your child's brachial-plexus injury, which could include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals who have delivered your child. The defendants are then given a certain time frame to respond. In this phase of discovery, each side will gather evidence to support their claims.

Most lawsuits are settled out of court rather than go to trial, since it's more cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case in court and decides to take it to a jury verdict. A successful verdict in an injury lawsuit for birth can provide families with a sense justice, and also help to raise awareness in order to prevent these types of injuries from happening again in the future. If your verdict is not in your favor it is possible to appeal the decision. This procedure could take longer, but it could increase the amount you get.