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Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family can receive compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb's palsy litigation procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical costs and other losses. The amount of money that is awarded in a settlement is contingent upon the specific situation of your child and the severity of their injuries but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and defendant will collaborate to negotiate an acceptable settlement to both parties. This can speed up the legal process considerably and save your family from having a jury or judge decide their case. If your family is not able to agree on a settlement the family will have to appear in the court. This could take a long time, but it can also potentially result in a higher award.

The brachial plexus is a set of nerves that control movement in the arm. Forceful pulling on the head, neck, arms, or shoulders during labor and deliveryfor example, when doctors employ forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also seek to raise awareness about this birth injury that could have been avoided. In the past these lawsuits helped families get an affordable financial settlement to support their child's future.

Mediation or Arbitration

If your child was injured in the womb by medical negligence and was later diagnosed with brachial sprains, an Erb's settlement for palsy can help pay for their care. This can include therapy, surgery, assistive devices and treatment.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital's attorneys are likely to try to reach an agreement prior to the trial gets underway.

If you're unable to come to a deal 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 essential to provide witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can 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 must attend the hearing by submitting subpoenas before the hearing. You should also keep the names of witnesses' telephone numbers and addresses in the file in case you need to contact them as witnesses in the future.

A complaint to the court

Many children suffering from Erb's Palsy are able to overcome physical limitations by intensive daily physical therapy. Some children may require surgery to repair torn nerve fibers. Many children are never able to recover and must continue to live their lives suffering the effects of this birth injury. Parents who believe their child's erb's palsy law firm palsy was due to negligence in the delivery process have the right to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors who specialize in treating this condition to produce the lifetime cost of living estimate. This will help determine the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer can also help you obtain copies of your child's medical records and determine if the doctor involved in the birth of your child had previous malpractice cases.

When your lawyer is aware of the harms your child has suffered she will make a claim against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal proceedings because it gives both sides the chance to construct their arguments. Settlements can last for up to one year.

Settlement

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

Your lawyer will need to collect evidence to prove the mistake that led to your child's brachial plexus injury that could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will file a lawsuit against the defendants. These are usually the medical professionals that have delivered your child. The defendants will then be given a specific amount of time in which to respond to the lawsuit, and during this process of discovery, both sides will gather additional evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial, as it's cheaper for all parties involved. If your lawyer is confident that they will win the case in court it could be decided to take it to the jury. A successful verdict in a birth injury lawsuit could provide families with a sense justice, and also help to raise awareness and prevent these types of injuries from occurring in the future. If your verdict is not in your favor, you can appeal the decision. This procedure could take longer, but it could raise the amount you receive.