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Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family will be awarded compensation for the medical expenses of your child as well as future treatment. Find out more about the Erb's palsy litigation process.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the specific case. It could easily amount to millions of dollars.

Many erb's palsy law firms palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and defendant will collaborate to reach an acceptable settlement to both parties. This can significantly speed up the legal process and avoid your family from facing jurors or judges. If, however, your family cannot agree on the terms of settlement, you'll need to go to trial. This can take a significant amount of time, however it can also result in a bigger amount.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling on the neck, head, shoulders or on the arms could damage these nerves, causing Erb's Palsy. In many instances, the injury is preventable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries they cause. They also wish to raise awareness of this birth injury which could have been prevented. In the past these lawsuits helped families obtain an affordable financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child has suffered an injury to the brachial area during the womb as a result of medical negligence, an Erb's settlement can help pay for his or her care. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits settle outside of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a judge could overturn a verdict awarded by a jury. Your lawyer and the hospital's lawyers are likely to attempt to reach a settlement before the trial begins.

If you're not able to come to a deal your case will be sent to arbitration. This means that an impartial third party will be able to hear both sides and determine who will win the lawsuit. This kind of hearing could be more informal than a trial, however it is important to provide physical evidence and witnesses for the hearing.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to present at the hearing in person, or you can submit their statements through video conference. You must ensure that all your witnesses are aware they are required to attend the hearing by submitting subpoenas in advance. Additionally, you should have your witnesses' addresses and phone numbers on file in case they are required to appear as a witness in the future.

Complaints in the Court

Many children with Erb's Palsy are able to overcome physical limitations by intense physical therapy every day. Some will require surgery to repair sprained or separated nerve fibers. A significant number of children are not able to recover and will have to live with the effects of this birth injury. Parents who believe their child's Erb's syndrome was due to medical negligence during the birth procedure have the right to claim an appropriate amount of compensation for their child's injuries.

To determine the worth of your case Your lawyer will work with specialists in treating these conditions to come up with a lifetime cost-of living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and investigate whether the doctor involved in your child's birth had prior experience with similar malpractice cases.

If your lawyer has a solid knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both parties will go through the discovery process that involves exchanging evidence, including expert opinions, depositions and medical records, and more. This is a crucial part of your legal defense because it allows you to construct your arguments. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to secure compensation that covers medical expenses and future costs for treatment which include adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove the mistake that led to your child's brachial plexus injury and may include medical records, witness statements and expert testimony. Once your attorney has gathered this evidence, they will bring the lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants are then given a set time frame to respond. During this discovery phase each side will collect evidence to back up their claims.

Most lawsuits are settled out of court instead of going to trial, since it's cost-effective for all parties involved. If however, your attorney believes they will win in court, they might decide to take the case to an appeals court verdict. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice and help raise awareness to prevent these kinds of injuries from happening in the future. If, however, your verdict is not in your favor it is possible to appeal the decision. While this procedure can take longer but it also increases the amount of the compensation you receive.