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Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial injury can bring your family and you closure. The process of suing can be complex and requires an experienced lawyer.

If you prevail in your lawsuit, your family could be awarded compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

The most popular reason families pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement will depend on the particular situation of your child as well as the severity of their injuries but it could easily reach the thousands of dollars.

Many of erb's palsy lawyer palsy lawsuits have been settled outside of court. The lawyers of both the plaintiff and the defendant will come together to negotiate an agreement that is acceptable to both parties. This could speed up the legal process considerably and save your family from having a judge or jury decide their case. If your family is not able to reach an agreement on a settlement the family will have to go to court. This can also take a long time but it can also potentially result in a larger award.

The brachial plexus is a set of nerves that regulate movement within the arm. Forceful pulling on the neck, head, arms, or shoulders during labor and delivery -- such as when doctors use forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness of this birth injury that could have been prevented. In the past these lawsuits have helped families get an appropriate financial settlement to help their child get back on track.

Arbitration or Mediation

If your child was injured during the womb as a result of medical negligence, and suffered from brachial sprains, an Erb's Settlement for palsy could help you cover the cost of their treatment. This could include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will likely try to reach a settlement prior to when the trial gets underway.

If you are not able to reach an agreement, your case will be taken to arbitration. This means that a neutral third party will hear both sides and determine who wins the lawsuit. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence in the proceedings.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can present at the hearing in person or they can give their testimony through video conferencing. Subpoenas should be sent in advance to all witnesses so they are aware of the requirement to be present at the hearing. In addition, you must have their addresses and telephone numbers on file in case they are called as a witness in the future.

Complaint in Court

Many children with Erb's Palsy are able to overcome physical limitations by intense daily physical therapy. Some children require surgery to repair damaged nerve fibers. However, a large percentage of children don't 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 their child's Erb's palsy was the result of medical negligence during the delivery process have the right claim an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors that specialize in treating this condition to develop a lifetime cost of living estimate. This is used to determine how much you are entitled to receive from the erb's palsy Law Firms palsy settlement. Your lawyer will also help you get copies of your child's medical records and determine if the doctor who performed the birth of your child had a history of similar malpractice cases.

When your lawyer is aware of the injuries of your child, she will file a lawsuit against the defendants. Both sides will undergo the discovery phase which involves exchanging evidence like expert opinions, depositions medical records and more. This is a crucial part of your legal case because it helps you build your case. It could take up to an entire year to arrive at a settlement.

Settlement

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

Your lawyer will need to gather evidence to prove the negligence that caused your child's brachial-plexus injury and may include medical records, witness statements and expert testimony. Once your attorney has gathered the evidence, they will make a claim against the defendants, which are usually the medical professionals who gave your child. The defendants will be given a specified period of time to respond to the lawsuit, and during this discovery stage both sides will gather additional evidence to support their claims.

Most lawsuits are settled out of court, rather than going to trial as it is cost-effective for everyone involved. If your attorney is confident that they will prevail in the case in court and decides to take it to the jury. A successful verdict in a birth injury lawsuit can give families a sense justice and raise awareness to prevent these kinds of injuries from occurring in the future. If the verdict you receive is not favorable you can appeal. While this procedure can take more time but it also can increase the amount of the amount you are awarded.