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Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial injury can bring you and your family closure. However, the litigation process is a bit complicated and requires skilled legal representation.

If you are successful in your lawsuit, your family will receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to seek reimbursement 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 particular case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically cut down on the legal process and prevent your family from having to go before jurors or judges. If your family is unable to agree on a settlement and you are unable to reach a settlement, you must appear in the court. This can take a lot of time, but could also result in a larger amount.

The brachial plexus is a group of nerves that regulate movement in the arm. When you are pregnant excessive forceful pulling of the neck, head, shoulders or on the arms could damage these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also want to create awareness of the birth injury that could have been prevented. In the past these lawsuits allowed families to obtain an affordable financial settlement and help their child get back on the right track.

Mediation or Arbitration

If your child was injured during the womb by medical negligence and has suffered brachial palsy, anErb's Settlement for palsy could help you to pay for their medical treatment. This may include treatment, therapy devices, assistive devices, and surgeries.

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

If you cannot reach an agreement, the case will go to arbitration. A neutral third party will listen to both sides and determine who wins the case. The hearing may be more informal than a trial, however it is important to provide physical evidence and witnesses for the proceedings.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. You may either invite your witnesses to the hearing or give testimony via video conferencing. Subpoenas should be sent in advance to all witnesses so that they are aware of the requirement to attend the hearing. Additionally, you should keep your witnesses' addresses and contact numbers on file in case they are required to appear to testify in the future.

Complaints in the Court

Many children suffering from Erb's Palsy can overcome physical limitations with intense physical therapy every day. Some children will need surgery to repair torn nerve fibers. However, a significant number of children are not able to recover to a significant degree and will be left with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb's syndrome was the result of medical negligence during the birth process have the right seek an appropriate amount of compensation for their child's injuries.

To determine the worth of your case the lawyer will work with doctors who specialize in treating these ailments to create a cost-of-living estimate. This helps determine how much you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor involved in your child's birth had previous malpractice cases.

If your lawyer has a clear understanding of the child's injuries then she will make a claim against the defendants. Both sides will undergo the discovery phase which involves exchanging evidence including expert opinions, depositions, additional medical documents and more. This is an essential part of your legal case as it allows you to build your arguments. Settlements can last for up to one year.

Settlement

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

Your lawyer will require evidence to prove that malpractice caused the injury to the brachial area in your child. This could include medical records as well as witness statements as well expert testimony. Once your lawyer has collected the evidence, they will bring a lawsuit against the defendants. These are usually the medical professionals that gave your child. The defendants are given a specified period of time to respond to the suit, and during this discovery stage both sides will collect additional evidence to support their assertions.

Most lawsuits are settled outside of court rather than going to trial, as it's more cost-effective for all parties involved. If your lawyer is confident they can win in court, they could choose to take the case all the way to a verdict by a jury. A successful verdict in a birth injury lawsuit could bring families a sense of justice and raise awareness to prevent these kinds of injuries from happening again in the future. However, if your verdict is not in your favor it is possible to appeal the decision. While this procedure can take more time, it can also increase the amount of the amount you are awarded.