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Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family find closure. The process of litigation is complicated and requires an experienced lawyer.

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

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the particular case of your child and the severity of their injuries, but can easily soar into the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that pleases both parties. This can drastically cut down on the legal process and avoid your family from having to face an attorney or a jury. If your family members cannot reach an agreement, you'll have to go to trial. This could take a long time but it can also potentially result in a bigger award.

The brachial plexus is a group of nerves that control movement in the arm. Forceful pulling on the head, neck, shoulders or arms during labor and birthlike when doctors make use of forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. This injury is often prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries 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 receive an affordable financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured while in the womb by medical negligence, and suffered from brachial palsy, anErb's Settlement for palsy could help you to pay for their medical treatment. This could include therapy, surgery as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by jurors. Your lawyer and hospital's attorneys are likely to attempt to reach a settlement before the trial begins.

If you cannot reach an agreement, the case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This type of hearing can be more informal than a trial, but it's important to present witnesses and evidence in the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to attend the hearing in person or you can provide their statements through video conference. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas ahead of time. Additionally, you should have the addresses of your witnesses and telephone numbers on file in case they are required to appear as a witness in the future.

Complaint in the Court

Many children suffering from Erb's palsy can overcome their physical limitations with regular physical therapy. Some children will require surgery to repair the torn nerve fibers. A large number of children will never recover and have to live suffering from the effects of this birth injury. Parents who believe their child's Erb's syndrome was due to negligence by a medical professional during the birth process have the right claim fair compensation for the injuries suffered by their child.

To determine the worth of your case Your lawyer will work with specialists in treating these conditions to come up with a lifetime cost-of living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records and determine if the doctor responsible for your child's birth had prior experience with similar malpractice cases.

If your lawyer has a clear understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase, which includes exchanging evidence such as expert opinions, depositions and medical records, and more. This is a vital part of your legal proceedings as it allows both sides to present their case. Settlements can take as long as one year.

Settlement

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

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial nerve in your child. This may include medical records and witness statements as well as expert testimony. Once your lawyer has collected the evidence, they will file a lawsuit against the defendants. They are typically the medical professionals that provided your child with. The defendants are then given a certain period of time to respond. In this discovery phase the parties will gather evidence to back up their claims.

Most lawsuits settle out of court, instead of going to trial, because it's more cost-effective for the parties involved. If your lawyer is confident they can win in court, they could choose to take the case all the way to the verdict of a jury. A successful verdict can give families a sense justice and help educate people about ways to avoid future birth injuries. If your verdict is not favorable you may appeal. The process could take longer, but can increase the amount you receive.