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Erb's Palsy Litigation

Taking legal action in the aftermath of your child's plexus brachial injury can bring you and your family closure. The process of suing can be complex and requires an experienced lawyer.

A successful lawsuit may award your family members compensation for child's medical expenses and future treatment. Find out more about Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other expenses. The amount of money that is awarded in a settlement will depend on your child's specific case and the severity of their injuries, but it can easily go into the thousands of dollars.

Many of the erb's palsy lawsuits (hop over to this site) are settled out of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that pleases both parties. This could cut down the legal process considerably and save your family from having a jury or judge decide on their case. If your family is unable to come to a deal the family will have to go to the court. It can take a long time but it could also result in a larger award.

The brachial nerves control the movement of the arm. A forceful pull on the head, neck, arms or shoulders during labor and birthfor Erb's Palsy lawsuits example, when doctors employ forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also seek to increase awareness about this birth injury which could have been prevented. In the past these lawsuits have helped families obtain an equitable financial settlement and get their child's life back on track.

Arbitration or Mediation

If your child has suffered a brachial plexus injury during pregnancy due to medical negligence, an Erb's palsy settlement can help to pay for the care. This could include therapy, treatment devices, assistive devices, and surgeries.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will probably try to come to an agreement before the trial starts.

If you are not able to reach an agreement, your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This hearing is more informal than a court case, but it is essential to have witnesses present and physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can either invite your witnesses to the hearing or present their statements using video conferencing. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas in advance. Keep your witnesses' numbers and addresses in the file in case you have to call them as witnesses in the future.

Complaints in Court

Many children suffering from Erb's palsy are able to overcome physical limitations by regular physical therapy. Some children will require surgery to repair the torn nerve fibers. However, a substantial proportion of children don't recover to a significant degree and will have to live with the limitations of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to fair compensation.

Your lawyer will work with specialists in treating this condition to produce an annual cost of living estimate. This is used to determine how much you're entitled to from the Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records, and erb's palsy lawsuits also determine whether the doctor who treated your child's diagnosis had a prior history of malpractice cases.

When your lawyer is aware of the injuries of your child then she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of your legal action because it allows both sides to develop their arguments. It could take up to an entire year before you can reach a settlement.

Settlement

If your Erb's Palsy lawsuit is a success your lawyer could be able to get compensation to cover medical expenses as well as future treatment costs. adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of living.

Your lawyer will need to collect evidence to prove the negligence that caused the brachial plexus injury to your child, which could include medical documents, witness statements, and expert testimony. Once your lawyer has collected the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals that delivered your child. The defendants are then given a set amount of time to reply. 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 because it's more cost-effective for all parties involved. If however, your attorney is confident that they will prevail at trial, they may decide to pursue the case all the way to a verdict by a jury. A successful verdict in an injury lawsuit for birth can give families a sense of justice and raise awareness in order to prevent these types of injuries from occurring in the future. However, if the verdict is not favorable to you then you may appeal the decision. While this procedure can take more time but it also increases the amount of compensation you receive.