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Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can help bring your family and you closure. However, the process of litigation is complex and requires expert legal representation.

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

The Legal Process

The most frequent reason families file an erb's palsy attorneys palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on your child's specific case and the severity of their injuries, however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This can significantly shorten the legal process, and also prevent your family from having to face a judge or jury. However, if your family is unable to reach the terms of settlement, you'll need to go to trial. This can take a lot of time, however it can also result in a larger settlement.

The brachial area is a group of nerves which control movement in the arm. Forcing the head, neck, arms or shoulders during labor and deliverylike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to the nerves and cause Erb's palsy. This 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 want to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits have helped families obtain an affordable financial settlement and get their child's life back on course.

Arbitration or Mediation

If your child was injured in the womb as a result of medical negligence and suffered brachial palsy, an Erb's Settlement for palsy could help you pay for their care. This may include treatment, therapy aids, assistive devices, Erb's palsy as well as surgeries.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a judge might overturn a decision made by the jury. Your lawyer and the hospital's attorneys are likely to seek a settlement prior to when the trial gets underway.

If you're unable to agree to a settlement the case will be taken to arbitration. A neutral third party will listen to both sides and determine who wins the case. This type of hearing can be more informal than a trial, but it's crucial to present witnesses and evidence to the hearing.

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

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations through intensive daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. However, a large percentage of children do not recover in any significant way and will have to live with the limitations of this birth injury for the rest of their life. Parents who believe their child's Erb's palsy was the result of negligence by a medical professional during the birth process have the right seek fair compensation for the injuries suffered by their child.

To establish the value of your case your lawyer will collaborate with doctors who specialize 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 will also help you obtain copies of the medical records for your child and determine if the doctor involved in the birth of your child had prior experience with similar malpractice cases.

If your lawyer has a good understanding of your child's injuries after which she will file a 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 a vital part of your legal action since it allows both sides to present their case. Settlements can take up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation to cover medical costs and future treatment costs such as adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial area in your child. This could include medical records and witness statements as well expert testimony. Once your attorney has gathered this evidence, they'll start a lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants are then given a specific time frame to respond. In the discovery phase the parties will gather evidence to support their claims.

Most lawsuits are settled outside of court, rather than going to trial due to the fact that it is cost-effective for all parties involved. If your lawyer is confident that they'll win the case in court and decides to try to get a jury verdict. A successful verdict could give families a sense of justice and increase awareness of ways to avoid future birth injuries. If your verdict isn't favorable you may appeal. Although this process may take longer but it also can increase the amount of the amount you are awarded.