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Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family find closure. The litigation process can be complex and requires an experienced lawyer.

If you win your lawsuit, your family may receive compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's-Palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to recover reimbursement for medical expenses and other expenses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers representing both the plaintiff and defendant work together to find an agreement that is acceptable to both parties. This can shorten the legal process considerably and prevent your family from having a jury or judge decide the case. However, if the family members are unable to agree on a settlement you will have to go to trial. It can take a long time but it could also result in a higher award.

The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head shoulders or arms during labor and delivery- such as when doctors employ forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise the word about this birth injury which could have been prevented. In the past, these lawsuits have helped families obtain an appropriate financial settlement to get their child's life back on path.

Arbitration or Mediation

If your child was injured during the womb due to medical negligence and has suffered brachial paralysis, an Erb's Settlement for palsy could help you pay for their treatment. This may include treatment, therapy as well as assistive devices and procedures.

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 come to an agreement before the trial starts.

If you are unable to reach an agreement, your case will be referred to arbitration. A neutral third party will listen to both sides and decide who will win the case. This hearing is more informal than a court trial however, it is crucial to provide witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. Witnesses can attend the hearing in person, or they can give their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses so that they are aware the requirement to attend the hearing. Additionally, you must have the addresses of your witnesses and contact numbers on file in case they are required to appear to testify in the future.

A complaint to the court

Many children with Erb's -Pallsy are able to overcome physical limitations by intensive daily physical therapy. Some will require surgery to repair damaged or damaged nerve fibers. However, a significant number of children don't recover in any way and must live with the limitations 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 birth process are entitled to fair compensation.

Your lawyer will collaborate with doctors that 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 through your Erb's settlement for palsy. Your lawyer can also assist to obtain copies of your child's medical records, and look into whether the doctor who delivered your child's treatment had a previous history of malpractice cases.

When your lawyer is aware of the child's injuries she will bring a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal case because it allows you to build your arguments. Settlements can last for up to one year.

Settlement

When your erb's palsy attorney palsy lawsuit is successful, your lawyer may be able to secure compensation that covers medical costs and future treatment costs including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial nerve in your child. This could include medical records and witness statements, as well as expert testimony. After your lawyer has gathered the evidence, he or she will file a lawsuit against the defendants. They are typically the medical professionals that delivered your child. The defendants will be given a specific amount of time in which to respond to the suit, and during this process of discovery, both sides will gather additional evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial because it is cost-effective for everyone involved. If your lawyer is confident that they will prevail in the case at trial and decides to try to get the jury for a verdict. A successful verdict in a birth injury lawsuit can give families a sense justice and can help increase awareness to prevent these kinds of injuries from happening again in the future. However, if your verdict is not favorable to you, you can appeal the decision. Although this process may take longer however, it could also increase the amount of the compensation you receive.