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Erb's Palsy Litigation

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

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

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement depends on your child's specific case and the severity of their injuries but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers of both the plaintiff and the defendant will work together to find an agreement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from having to go before jurors or judges. If your family members are unable to agree on a settlement the family will have to appear in the court. This can take a long time, but it can also potentially result in a higher amount.

The brachial area is a group of nerves that control movement within the arm. A forceful pull on the neck, head arms or shoulders during labor and birthfor example, when doctors make use of forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. In many cases, this injury is preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness of the birth injury that could have been prevented. In the past the lawsuits have helped families secure an appropriate financial settlement to get their child's life back on the right track.

Arbitration or Mediation

If your child was injured while in the womb as a result of medical negligence and was later diagnosed with brachial palsy, an Erb's Palsy settlement can help you pay for their care. This may include therapy, treatment aids, assistive devices, as well as surgeries.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a judge could invalidate a verdict handed down by the jury. Your lawyer and the hospital attorneys will most likely try to reach an agreement before the trial starts.

If you are unable to reach an agreement, the case will be sent to arbitration. This means that an impartial third party will take in both sides and decide who will win the case. This hearing is more informal than a court trial, but it is important to present witnesses and other physical evidence.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can have witnesses attend the hearing in person or they can give their testimony via video conference. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. Additionally, you must have your witnesses' addresses and phone numbers in case in case they're called to testify in the future.

Complaint in the Court

Many children suffering from erb's palsy attorneys palsy can overcome physical limitations with intense daily physical therapy. Some will require surgery to repair sprained or damaged nerve fibers. Many children will never recover and have to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with specialists in treating this condition to develop an estimated cost of living for life 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 to obtain copies of your child's medical records, and also determine whether the doctor who gave you your child's diagnosis had a prior record of malpractice cases.

If your lawyer has a clear understanding of the injuries suffered by your child and the child's injuries, she will make a claim against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial aspect of the legal process as it allows both sides to develop their arguments. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able get compensation to cover medical expenses and future costs for treatment such as adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that a mistake 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 will make a claim against the defendants, which are usually the medical professionals who delivered your child. The defendants will then be given a specified amount of time to reply. In the discovery phase, each side will gather evidence to back up their claims.

Most lawsuits are settled outside of court rather than going to trial because it's more cost-effective for everyone involved. If your attorney is confident that they will prevail in the case in court they may decide to pursue it to a jury verdict. A successful verdict could give families a sense of justice and help spread awareness about ways to avoid future birth injuries. If the verdict isn't favorable, you can appeal. This process may take longer, but it will increase the amount you receive.