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Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could aid you and your family find closure. However, the process of litigation is complex and requires skilled legal representation.

A successful lawsuit can award your family members compensation for child's medical bills and future treatment. Find out more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to seek compensation for medical expenses and other expenses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for 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 significantly and prevent your family from having a judge or jury decide on their case. If your family is unable to come to a deal, you will need to appear in court. This can take a long time, but it could also result in a higher award.

The brachial plexus is a group of nerves that control movement in the arm. A forceful pull on the neck, head, shoulders or arms during labor and birthfor example, when doctors employ forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families file lawsuits to make negligent healthcare providers accountable for the harm they cause. They also wish to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits have helped families get an equitable financial settlement and help their child get back on track.

Mediation or Arbitration

If your child sustained an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's settlement could help you to pay for the care. This may include therapy, treatment, assistive devices, and procedures.

Many lawsuits settle out of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a court could reverse a verdict given by jurors. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement before the trial starts.

If you're unable to settle your dispute the case will be taken to arbitration. This means that a neutral third party will take in both sides and decide who will win the lawsuit. This hearing is more informal than a court trial however it is vital to provide witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. You can either witness your witnesses attend the hearing or give statements via videoconferencing. Subpoenas need to be sent in advance to all witnesses so that they are aware the requirement that they attend the hearing. Keep your witnesses' phone numbers and addresses on file, in case you need to contact them as an upcoming witness.

A complaint to the court

Many children suffering from the condition Erb's-Palsy can overcome physical limitations with daily physical therapy. Some may require surgery to fix torn or damaged nerve fibers. A significant number of children are never able to recover and must continue to live suffering the effects of this birth injury. Parents who believe their erb's palsy attorneys palsy in their child was due to negligence by a medical professional during the birth procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who specialize in treating this condition to develop a lifetime cost of living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who was involved in the birth of your child had previous malpractice cases.

When your lawyer has a solid knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will undergo the discovery phase, which includes exchanging evidence such as expert opinions, depositions and medical records, and more. This is an essential part of your legal case as it allows you to construct your arguments. Settlements can take as long as one year.

Settlement

If your Erb's Palsy lawsuit is successful your lawyer might be able to secure compensation to pay for medical costs, future treatment costs and 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 show that malpractice caused the brachial plexus injury in your child. This may include medical records and witness statements as well expert testimony. Once your lawyer has collected the evidence, he or she will file a lawsuit against the defendants. These are usually the medical professionals who provided your child with. The defendants are given a set amount of time to respond to the lawsuit. during this discovery stage each side will gather additional evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial because it's more cost-effective for lawsuits the parties involved. If your lawyer is confident that they can win the case in court and decides to pursue it to an appeal to a jury verdict. A successful verdict in an injury lawsuit for birth can give families a sense of justice and can help increase awareness to prevent these types of injuries from occurring in the future. If your verdict is not favorable, you can appeal. This process may take longer, but it can increase the amount you receive.