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Erb's Palsy Litigation

In the aftermath of your child's brachial-plexus injury can bring you and your family closure. The process of litigation is complex and requires an experienced lawyer.

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

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical costs and other expenses. The amount of money offered in a settlement is contingent upon the particular situation of your child as well as the severity of their injuries, but it could easily reach the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This could speed up the legal process considerably and spare your family from having a judge or jury decide the case. However, if the family members cannot reach a settlement you will have to go to trial. This can also take a long time however, it could result in a higher award.

The brachial complex is a collection of nerves that regulate movement within the arm. Forceful pulling on the neck, head, arms, or shoulders during labor and delivery -like when doctors use forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. The injury is often avoidable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also wish to raise awareness of this birth injury that could have been prevented. In the past these lawsuits have allowed families to obtain an affordable financial settlement and help their child get back on course.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence and has suffered brachial palsy, anErb's Palsy settlement could help you pay for their treatment. This could include treatment, therapy devices, assistive devices, and operations.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a court might overturn a decision made by jurors. Your lawyer and hospital's lawyers will most likely try to come to an agreement before the trial begins.

If you are unable agree to a settlement the case will be taken to arbitration. This means that an impartial third party will hear both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it is crucial to present witnesses and evidence for the proceedings.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can have your witnesses attend the hearing or give statements via videoconferencing. You must ensure that all your witnesses are aware they will be required to appear at the hearing by submitting subpoenas prior to the hearing. You should also keep your witnesses' phone numbers and addresses on file, in case you have to contact them for a future witness.

Complaints in the Court

Many children with Erb's Palsy can overcome physical limitations through intensive daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. A large number of children are not able to recover and will have to live 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 birth process are entitled to a fair and reasonable amount of compensation.

To determine the value of your case your lawyer will collaborate with specialists in treating these ailments to come up with a lifetime cost-of living estimate. This will help determine the amount you're entitled to from your settlement for erb's palsy lawyer Palsy. Your lawyer can also help you obtain copies of your child's medical records, and also determine whether or not the doctor who gave you your child had a previous experience of malpractice.

When your lawyer has a good understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase which includes exchanging evidence like expert opinions, depositions medical documents and more. This is an essential part of your legal case as it allows you to build your arguments. Settlements can last up to one year.

Settlement

If your Erb's palsy lawsuit is a success, your lawyer might be able to secure compensation to pay for medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You may 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 brachial plexus injury in your child. This could include medical records, testimony from witnesses as well as expert testimony. After your lawyer has collected this evidence, they will bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will be given a set amount of time to reply to the lawsuit, and during this process of discovery both sides will collect additional evidence to prove their claims.

Most lawsuits are settled out of court instead of going to trial due to the fact that it is cheaper for all parties involved. If your lawyer is confident that they will prevail in court, they might decide to pursue the case to a verdict by a jury. A successful verdict in an injury lawsuit for birth can bring families a sense of justice and raise awareness in order to prevent these types of injuries from happening again in the future. If your verdict isn't favorable, you can appeal. While this process can take more time, it can also increase the amount of the amount you are awarded.