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Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may help you and your family members find closure. The litigation process can be complicated and requires an experienced lawyer.

A successful lawsuit may award your family members compensation for child's medical bills and any future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain reimbursement for medical expenses and other expenses. The amount of money that is awarded in a settlement depends on the particular case of your child and the severity of their injuries but it can easily go into the thousands of dollars.

Many of Erb's lawsuits involving palsy are settled out of court. The lawyers of both the plaintiff and the defendant will come together to negotiate a settlement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from having to appear before an attorney or a jury. If your family members are unable to agree on a settlement the family will have to appear in the court. This can take a significant amount of time, but it could also result in a larger settlement.

The brachial nerves control the movement of the arm. The forceful pulling of the head, neck, shoulders or arms during labor and delivery -such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm the nerves and cause erb's palsy lawyers palsy. This injury is often preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also wish to spread awareness of this birth injury which could have been avoided. In the past these lawsuits allowed families to obtain a fair financial settlement and help their child get back on track.

Mediation or Arbitration

If your child was injured while in the womb because of medical negligence and was later diagnosed with brachial palsy, anErb's settlement for palsy can help pay for their treatment. This could include surgery, therapy aidive devices, and treatment.

Many lawsuits settle out of court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a court could reverse a verdict given by jurors. Your lawyer and hospital's attorneys will likely attempt to negotiate a settlement before the trial gets underway.

If you are not able to reach an agreement, the case will be sent to arbitration. This means that a neutral third party will take in both sides and decide who wins the lawsuit. The hearing may be more informal than a trial, however it is crucial to present witnesses and evidence for the hearing.

You will also require copies of all legal documents as well as witnesses to present at the hearing. You can either have your witnesses attend the hearing or provide their testimony via video conferencing. Subpoenas should be sent in advance to all witnesses in order that they are aware the requirement to be present at the hearing. You should also keep the names of witnesses' telephone numbers and addresses on file in case you have to contact them for an upcoming witness.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations with intense daily physical therapy. Some children will require surgery to repair the torn nerve fibers. However, a significant proportion of children do not recover in any way and must live with the limitations of this birth injury for the rest of their life. Parents who believe their child's Erb's syndrome was due to negligence in the delivery process have the right claim fair compensation for the injuries suffered by their child.

To establish the value of your case Your lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor who performed the birth of your child had previous malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal action as it allows both sides to present their case. It can take up a year to reach a settlement.

Settlement

If your Erb's palsy suit is successful, your lawyer may be able to secure compensation for medical expenses and future treatment costs which include adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need to collect evidence to prove the negligence that caused the brachial plexus injuries to your child which could include medical documents, witness statements and expert testimony. Once your attorney has gathered the evidence, they'll bring the lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants are then given a set period of time to respond. In this phase of discovery each side will collect evidence to support their claims.

Most lawsuits are settled out of court, rather than going to trial since it is cost-effective for everyone involved. However, if your attorney believes that they can win at trial, they may decide to take the case all the way to a verdict by a jury. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and help raise awareness to prevent these types of injuries from occurring in the future. If your verdict is not favorable, you can appeal. While this procedure can take longer but it also increases the amount of compensation you receive.