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Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family can be awarded compensation for the medical bills of your child as well as future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file erb's palsy law firms Palsy lawsuits to recover compensation for medical costs and other expenses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific case. It could easily be millions of dollars.

Many Erb's palsy lawsuits (visionmeet.com) are settled outside 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 dramatically and save your family from having a judge or jury decide the case. If your family is unable to reach an agreement, you'll have to go to trial. This could take a long amount of time, but could also result in a larger settlement.

The brachial plexus is a set of nerves which control movement within the arm. Forcing the neck, head, shoulders or arms during labor and delivery- such as when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. This type of injury is usually avoidable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past the lawsuits have helped families get a fair financial settlement and help their child get back on track.

Mediation or Arbitration

If your child was injured by a brachial plexus injury during birth due to medical negligence, an Erb's Palsy settlement can help pay for their care. This could include therapy, treatment aids, assistive devices, as well as operations.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a court could reverse a verdict given by a jury. Your lawyer and the hospital attorneys will most likely try to reach an agreement before the trial begins.

If you are unable to reach a settlement your case will be sent to arbitration. A neutral third party will listen to both sides and decide who will win the case. The hearing may be more informal than a trial, however it is important to provide witnesses and evidence to the proceedings.

You will also require copies of all legal documents and witnesses to present at the hearing. You can choose to invite your witnesses to the hearing or give statements through video conferencing. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas in advance. In addition, you must have their addresses and telephone numbers on file in the event that they are needed as witnesses in the future.

Complaint in Court

Many children with Erb's -Pallsy can overcome physical limitations through intensive daily physical therapy. Some will require surgery to repair sprained or separated nerve fibers. A large number of children are never able to recover and must continue to live with the consequences of this birth injury. Parents who believe their child's Erb's paralysis was the result of medical negligence during the birth procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

To determine the worth of your case, your lawyer will work with specialists in treating these ailments to develop a life-long cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.

Once your lawyer has a thorough understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal case because it allows you to construct your case. It can take as long as one year to settle a case.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer might be able to obtain compensation that covers medical expenses and future treatment costs 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 evidence to prove that a mistake caused the brachial plexus injury in your child. This could include medical records as well as witness statements as well as expert testimony. Once your attorney has gathered the evidence, they will file the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants will then be given a specified period of time to respond. During this discovery phase each side will collect evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial as it is more cost-effective for everyone involved. If your attorney is convinced that they will win the case at trial and decides to take it to the jury. A successful verdict in a birth injury lawsuit can provide families with a sense justice and can help increase awareness to prevent these types of injuries from happening in the future. If the verdict isn't favorable you may appeal. The process could take longer, but it could increase the amount you receive.