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hurst erb's palsy lawsuit Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family members find closure. However, the litigation process is a bit complicated and requires skilled legal representation.

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

The Legal Process

The most popular reason families file an Erb's palsy 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 and the particular case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both plaintiff and the defendant will collaborate to reach an agreement that is acceptable to both parties. This can significantly speed up the legal process and prevent your family from having to face a judge or jury. However, if your family is unable to reach an agreement, Erb's palsy lawsuit you'll have to go to trial. This can take a long time however, it could result in a higher amount.

The brachial nerves control the movement of the arm. A forceful pull on the head, neck, arms, or shoulders during labor and delivery -- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm 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 about the birth injury that could have been avoided. In the past these lawsuits have helped families secure an equitable financial settlement and help their child get back on the right track.

Arbitration or Mediation

If your child has suffered an injury to the brachial area during pregnancy due to medical negligence, an Erb's palsy settlement can help you pay for their treatment. This may include treatment, therapy, assistive devices, and operations.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers are likely to attempt to reach a settlement before the trial starts.

If you are not able to reach an agreement, your case will be referred to arbitration. This means that an impartial third party will hear both sides and determine who will win the lawsuit. This type of hearing can be more informal than a trial, however it's crucial to present witnesses and evidence to the proceedings.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You may either invite your witnesses to attend the hearing or give statements using video conferencing. Subpoenas must be sent in advance to all witnesses so they are aware the requirement that they attend the hearing. Keep the names of witnesses' telephone numbers and addresses on file in case you have to call them as a future witness.

Complaints in the Court

Many children suffering from Erb's syndrome can overcome physical limitations through regular physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a large percentage of children do not recover to a significant degree and will have to live with the handicapping effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to fair compensation.

Your lawyer will work with specialists in treating this condition to create the lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and also determine whether or not the doctor who delivered your child's treatment had a previous history of malpractice cases.

If your lawyer has a clear understanding of the injuries of your child she will make a claim against the defendants. Both sides will undergo the discovery phase, which includes exchanging evidence such as expert opinions, depositions, additional medical records and more. This is an essential aspect of your legal argument because it helps you build your case. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able get compensation for medical expenses and future costs for treatment including 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 require evidence to prove that negligence caused the injury to the brachial nerve in your child. This could include medical records and witness statements as well as expert testimony. Once your lawyer has gathered the evidence, they will make a claim against the defendants. These are usually the medical professionals that have delivered your child. The defendants are then given a specific amount of time to respond. During this discovery phase the parties will gather evidence to back up their claims.

Most lawsuits are settled out of court instead of going to trial as it is more cost-effective for all parties involved. If your lawyer is confident that they can win the case at trial they may decide to try to get an appeal to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice and help raise awareness to prevent these kinds of injuries from happening in the future. However, if your verdict is not in your favor, you can appeal the decision. Although this process may take longer however, it could also increase the amount of the amount you are awarded.