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Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial-plexus injury can help bring you and your family closure. The process of litigation is complicated and requires a skilled lawyer.

A successful lawsuit could award your family compensation for child's medical expenses and future treatment. Read on to learn more about the Erb's syndrome lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to recover reimbursement for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can drastically cut down on the legal process, and also prevent your family from having to face the jury or judge. If your family members are unable to come to a deal then you'll need to go to court. This could take a long time, however, it could result in a higher award.

The brachial plexus is a set of nerves that control movement in the arm. The forceful pulling of the head, neck, arms or shoulders during labor and delivery -- such as when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and lead to erb's palsy attorneys palsy. In many instances, the injury can be prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to create awareness of the birth injury that could have been avoided. In the past, these lawsuits have helped families receive an appropriate financial settlement to support their child's future.

Mediation or Arbitration

If your child was injured by an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's Palsy settlement can help pay for his or her treatment. This may include therapy, treatment devices, assistive devices, and surgeries.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely attempt to reach an agreement before the trial begins.

If you fail to reach an agreement, the case will be taken to arbitration. This means that a neutral third party will hear both sides and decide who will win the lawsuit. The hearing may be more informal than a trial, however it's important to present physical evidence and witnesses for the hearing.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You may either invite your witnesses to attend the hearing or provide their testimony via video conferencing. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have their addresses and telephone numbers on file in case they're called as a witness in the future.

A complaint to the court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations with regular physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. A large percentage of children are never able to recover and must continue to live suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

To determine the worth of your case the lawyer will work with specialists in treating these ailments to develop a lifetime cost-of-living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer can also help to obtain copies of your child's medical records and determine whether or not the doctor who performed surgery on your child's diagnosis had a prior experience of malpractice.

If 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 go through the discovery process which includes exchanging evidence, including expert opinions, depositions medical records, and more. This is an essential aspect of your legal argument because it allows you to develop your case. Settlements can take as long as one year.

Settlement

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

Your lawyer must gather evidence to prove the error that caused your child's brachial plexus injury that could include medical records, witness statements and expert testimony. Once your attorney has gathered this evidence, they'll make a claim against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a set period of time to respond. In this phase of discovery each side will collect evidence to support their claims.

Most lawsuits are settled out of court, rather than going to trial due to the fact that it is cost-effective for everyone involved. If your lawyer believes that they can win in court, they could decide to pursue the case to the verdict of a jury. A successful verdict in a birth injury lawsuit could provide families with a sense justice and raise awareness in order to prevent these types of injuries from happening again in the future. If, Erb's palsy lawsuits however, your verdict is not favorable to you, you can appeal the decision. This could take a bit longer, but it can increase the amount you receive.