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Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family members find closure. However, the litigation process is complicated and requires experienced legal representation.

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

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement depends on the particular case of your child and erb's Palsy 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. The lawyers of both the plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties. This can drastically reduce the legal process, and also prevent your family from having to appear before an attorney or a jury. If, however, your family is unable to reach an agreement, you'll have 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. Forceful pulling on the neck, head, arms, or shoulders during labor and delivery- such as when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury which could have been prevented. In the past, these lawsuits helped families secure an affordable financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured while in the womb as a result of medical negligence and has suffered brachial sprains, an Erb's Palsy settlement can help you pay for their treatment. This could include treatment, therapy devices, assistive devices, and procedures.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's attorneys will likely seek to negotiate a settlement before the trial begins.

If you're not able to settle your dispute the case will go to arbitration. A neutral third party will consider both sides and decide who will win the case. This type of hearing is more informal than a court trial but it is important to provide witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. Witnesses are able to attend the hearing in person or you can present their testimony via video conferencing. Subpoenas should be sent in advance to all witnesses in order that they are aware of the requirement to attend the hearing. Additionally, you must have the addresses of your witnesses and telephone numbers on file in case they are called as witnesses in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome their physical limitations by intensive daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. Many children do not recover and are forced to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb's palsy was due to medical negligence during the birth process have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

To establish the value of your case, your lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This will help determine the amount you're entitled to from your erb's palsy law firm palsy settlement. Your lawyer can also help you get copies of your child's medical records and investigate whether the doctor involved in the birth of your child had previous malpractice cases.

Once your lawyer understands the harms your child has suffered then she will start a lawsuit against defendants. Both sides will undergo the discovery phase that involves exchanging evidence like expert opinions, depositions, medical records, and more. This is a crucial aspect of your legal action as it allows both sides to present their case. Settlements can take as long as one year.

Settlement

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

Your lawyer will need evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records as well as witness statements, as well as expert testimony. Once your lawyer has collected the evidence, he or she will file a lawsuit against the defendants. They are typically the medical professionals that provided your child with. The defendants are given a specified period of time to respond to the suit, and during the discovery phase both sides will collect additional evidence to back their assertions.

Most lawsuits settle out of court, instead of going to trial because it's more cost-effective for the parties involved. If however, your attorney is confident that they will prevail at trial, they may choose to take the case to the verdict of a jury. A successful verdict in a birth injury lawsuit can give families a sense justice and help raise awareness and prevent these types of injuries from happening in the future. However, if your verdict is not in your favor it is possible to appeal the decision. The process could take longer, but it will increase the amount you are awarded.