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Erb's Palsy Litigation

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

A successful lawsuit could award your family compensation for child's medical bills as well as future treatment. Learn more about the Erb's palsy litigation process.

The Legal Process

The most popular reason for families to bring an erb's palsy settlement palsy suit is to get compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the specific situation. It can easily reach millions of dollars.

Many Erb's Palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and defendant will collaborate to negotiate an agreement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from having to face a judge or jury. If your family members cannot reach a settlement you will have to go to trial. This can take a lot of time, but it could also result in a larger amount.

The brachial area is a group of nerves that regulate movement within the arm. During labor and birth, excessive forceful pulling of the neck, head, shoulders or on the arms can cause nerve damage, resulting in Erb's palsy. In many cases, this injury is preventable. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury which could have been prevented. In the past these lawsuits helped families get a fair financial settlement that helped their child's future.

Mediation or Arbitration

If your child has suffered an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's settlement could help you pay for their treatment. This can include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a court in the future reversing a jury's verdict. Your lawyer and the hospital attorneys will most likely try to come to an agreement prior to the trial beginning.

If you're unable to agree to a settlement the case will go to arbitration. A neutral third party will hear both sides and determine who wins the case. The hearing may be more informal than a trial, but it is crucial to present witnesses and evidence for the proceedings.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can attend the hearing in person or you can present their testimony through video conferencing. Subpoenas should be sent in advance to all witnesses in order they are aware the requirement that they attend the hearing. Additionally, you should have your witnesses' addresses and phone numbers on file in the event that they are needed as a witness in the future.

Complaints in Court

Many children with Erb's -Pallsy can overcome physical limitations through regular physical therapy. Some children require surgery to repair torn nerve fibers. A large percentage of children are not able to recover and will have to live with the consequences of this birth injury. Parents who believe that their erb's palsy attorneys palsy in their child was due to medical negligence during the birth process are entitled to claim fair compensation for their child's injuries.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create a lifetime cost of living estimate. This helps determine how much you're entitled to from the Erb's palsy settlement. Your lawyer can also help to obtain copies of your child's medical records and determine whether the doctor who performed surgery on your child's care had a medical malpractice case.

Once your lawyer has identified the harms your child has suffered, she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal argument because it allows you to construct your arguments. Settlements can take up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation that covers medical costs and future treatment costs 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 show that malpractice caused the injury to the brachial plexus in your child. This may include medical records and witness statements as well as expert testimony. After your lawyer has gathered the evidence, they'll make a claim against the defendants, who are usually the medical professionals who gave your child. The defendants will then be given a specified amount of time to reply to the suit, and during this discovery phase, both sides will gather more evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial, since it's cheaper for all parties involved. If your attorney is convinced that they'll win the case at trial and decides to pursue it to an appeal to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and Erb's Palsy settlement can help increase awareness and prevent these types of injuries from happening again in the future. However, if the verdict is not in your favor then you may appeal the decision. The process could take longer, but can increase the amount you receive.