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Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family will receive compensation for medical expenses of your child as well as future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

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

Many cases involving Erb's palsy settle without court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can significantly speed up the legal process and save your family from having to go before a judge or jury. If your family is unable to come to a deal the family will have to go to court. It can take a long time, however, Erb's it could result in a bigger award.

The brachial nerves regulate the movement of the arm. During labor and birth excessive forceful pulling on the neck, head, shoulders or on the arms can cause damage to these nerves, leading to Erb's Palsy. In many cases, this injury can be prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to raise awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families obtain an affordable financial settlement to support their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's settlement can help pay for their care. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits are settled out of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will probably try to come to an agreement before the trial gets underway.

If you cannot reach an agreement, your case will be taken to arbitration. This means that a neutral third party will listen to both sides and decide who wins the case. This hearing is more informal than a court trial, however, it is crucial 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 choose to invite your witnesses to the hearing or provide their statements using video conferencing. You must ensure that all witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. Also, keep your witnesses' phone numbers and addresses in the file in case you have to call them as an upcoming witness.

A complaint to the court

Many children suffering from Erb's Palsy can overcome their physical limitations by intense physical therapy every day. Some will require surgery to repair damaged or separated nerve fibers. A significant number of children are not able to recover and will have to live with the effects of this birth injury. Parents who believe their child's Erb's palsy was the result of medical negligence during the birth process are entitled to claim fair compensation for their child's injuries.

Your lawyer will collaborate with doctors who specialize in treating this condition to produce the lifetime cost of living 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 get copies of your child's medical records and determine whether or not the doctor who treated your child's treatment had a previous experience of malpractice.

When your lawyer is aware of the child's injuries, she will start a lawsuit against defendants. Both parties will undergo the discovery phase that involves exchanging evidence such as expert opinions, depositions and medical documents, and so on. This is an essential part of your legal case because it allows you to develop your case. Settlements can last up to one year.

Settlement

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

Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records as well as witness statements as well expert testimony. After your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants are then given a specific period of time to respond. During this discovery phase, each side will gather evidence to support their claims.

Most lawsuits settle out of court rather than going to trial, as it's cheaper for all parties involved. If your attorney is convinced that they will prevail in the case at trial it could be decided to go to an appeal to a jury verdict. A successful verdict will bring families a sense that justice has been done and help spread awareness about how to avoid any future birth injuries. If your verdict isn't favorable, you can appeal. While this procedure can take longer however, it could also increase the amount of compensation you receive.