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Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family find closure. However, the litigation process is complex and requires expert legal representation.

If you are successful in your lawsuit, your family may receive compensation for medical bills of your child as well as future treatment. Read on to learn more about the erb's palsy law firm palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to seek compensation for medical costs and other expenses. The amount of money offered in a settlement depends on the particular case of your child and the extent of their injuries, however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This can shorten the legal process by a significant amount and keep your family from having a judge or jury decide on their case. If your family is unable to agree on a settlement and you are unable to reach a settlement, you must appear in the court. This could take a long amount of time, but can also result in a larger award.

The brachial nerves regulate the movement of the arm. Forcing the neck, head, arms, or shoulders during labor and delivery -for example, when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm these nerves, causing Erb's palsy. This type of injury is usually avoidable. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to raise awareness about this birth injury that could have been avoided. In the past, these lawsuits helped families get an equitable financial settlement that helped their child's future.

Arbitration or Mediation

If your child sustained 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 therapy, surgery as well as assistive devices and treatments.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a judge could reverse a verdict given by the jury. Your lawyer and hospital's attorneys will likely attempt to reach a settlement prior to when the trial gets underway.

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

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to present at the hearing in person, or you can submit their statements via video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas ahead of time. Additionally, you must have your witnesses' addresses and contact numbers on file in the event that they are needed as witnesses in the future.

Complaint in the Court

Many children suffering from Erb's syndrome can overcome physical limitations with regular physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a significant number of children are not able to recover in any way and must live with the effects of this birth injury for the rest of their life. 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.

To establish the value of your case your lawyer will collaborate with doctors who specialize in treating these conditions to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also assist 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.

Once your lawyer has identified the injuries of your child she will file a lawsuit against the defendants. Both sides will go through the discovery process which involves exchanging evidence like expert opinions, depositions, medical documents and more. This is a crucial part of the legal process because it gives both sides the chance to build their arguments. Settlements can take as long as one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer could be able get compensation for medical costs and future treatment costs such as adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer must 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, he or Erb's Palsy lawsuits she will bring a lawsuit against the defendants. They are typically the medical professionals who provided your child with. The defendants are then given a certain amount of time to respond. In this discovery phase each side will collect evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial because it's cost-effective for all parties involved. However, if your attorney believes that they can win at trial, they may decide to take the case all the way to the verdict of a jury. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice and raise awareness to prevent these types of injuries from happening in the future. If your verdict isn't favorable, you can appeal. This process may take longer, but it will raise the amount you receive.