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Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family to find closure. The process of suing can be complex and requires an experienced lawyer.

A successful lawsuit could award your family compensation for child's medical expenses and future treatment. Find out more about Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical costs and other losses. The amount of money offered in a settlement is contingent upon your child's specific case and the extent of their injuries, however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can speed up the legal process by a significant amount and keep your family from having a judge or jury decide on their case. If your family is not able to reach an agreement on a settlement the family will have to appear in the court. This can take a lot of time, but it could also result in a bigger award.

The brachial plexus is a set of nerves that regulate movement in the arm. During labor and delivery, excessive forceful pulling of the neck, head, or shoulders, or on the arms, can cause damage to these nerves, leading to Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past, these lawsuits helped families get a fair financial settlement to help their child's future.

Arbitration or Mediation

If your child suffered an injury to the brachial area during the womb as a result of medical negligence, an Erb's Palsy settlement can help pay for his or her care. This could include treatment, therapy devices, assistive devices, and operations.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation faster and prevents the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's attorneys will likely try to come to an agreement before the trial begins.

If you are unable to settle your dispute, your case will proceed to arbitration. This means that an impartial third party will take in both sides and decide who will win the case. This hearing is more informal than a court trial, however it is vital to present witnesses and other physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses present at the hearing in person, or they can give their testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses so they are aware the requirement that they attend the hearing. Also, keep the numbers of your witnesses and addresses in the file in case you need to contact them as witnesses in the future.

Complaint to the Court

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

Your lawyer will collaborate with doctors who are experts in treating this condition. They will create the lifetime cost of living estimate. This determines the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also help to obtain copies of your child's medical records, and also determine whether the doctor who treated your child's treatment had a previous medical malpractice case.

If your lawyer has a clear understanding of the injuries suffered by your child she will bring a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal proceedings because it allows both sides to build their arguments. Settlements can take as long as one year.

Settlement

If your erb's palsy lawyers palsy lawsuit is a success your lawyer could be able to get compensation to cover medical expenses as well as future treatment costs. adaptive devices along with physical therapy. You may be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove the mistake that led to the brachial plexus injury to your child which could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, they'll bring the lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants will then be given a specific amount of time to reply to the lawsuit. during this discovery phase both sides will collect additional evidence to back their claims.

Most lawsuits are settled out of court, rather than going to trial as it is cost-effective for all parties involved. If your lawyer is confident that they will prevail in court, they might decide to take the case all the way to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and can help increase awareness and prevent these types of injuries from occurring in the future. However, if the verdict is not favorable to you it is possible to appeal the decision. While this procedure can take longer however, it could also increase the amount of the compensation you receive.