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Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial-plexus injury can help bring your family and you closure. The process of litigation is complicated and requires a skilled lawyer.

A successful lawsuit could award your family compensation for child's medical bills as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the particular situation. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This could speed up the legal process significantly and prevent your family from having a judge or jury decide their case. If, however, your family cannot agree on an agreement, you'll have to go to trial. This can take a lot of time, but can also result in a larger award.

The brachial nerves control the movement of the arm. A forceful pull on the neck, head, arms, or shoulders during labor and deliverylike when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. In many instances, the injury can be prevented. Families seek to make negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness about the birth injury which could have been prevented. In the past, these lawsuits have allowed families to obtain an equitable financial settlement and get their child's life back on track.

Arbitration or Mediation

If your child was injured while in the womb as a result of medical negligence and has suffered brachial paralysis, an Erb's Settlement for palsy could help you pay for their treatment. This could include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a judge could overturn a verdict awarded by the jury. Your lawyer and hospital's attorneys will likely try to reach an agreement before the trial begins.

If you cannot reach an agreement, the case will be sent to arbitration. This means that an impartial third party will take in both sides and determine who wins the case. This hearing is more informal than a court case, but it is essential to provide witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to present at the hearing in person, or you can submit their statements via video conference. Subpoenas must be sent in advance to all witnesses in order that they are aware of the requirement to be present at the hearing. In addition, you must keep your witnesses' addresses and phone numbers on file in the event that they are needed to testify in the future.

A complaint to the court

Many children who suffer from Erb's palsy can overcome physical limitations with intensive daily physical therapy. Some will require surgery to repair damaged or damaged nerve fibers. However, a significant number of children are not able to recover in any way and must live with the limitations of this birth injury for the rest of their lives. Parents who believe their child's Erb's palsy was due to medical negligence during the delivery procedure have the right to claim an appropriate amount of compensation for their child's injuries.

To establish the value of your case, your lawyer will work with doctors who specialize in treating these ailments to come up with a lifetime cost-of living estimate. This is used to determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records, and investigate whether the doctor who delivered your child's care had a medical malpractice case.

Once your lawyer understands the injuries of your child, she will bring a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial aspect of the legal process because it allows both sides to develop their arguments. It can take as long as one year to reach a settlement.

Settlement

When your erb's palsy attorney palsy lawsuit is successful, your lawyer could be able to secure compensation that covers medical costs 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 need to gather evidence to prove the negligence that caused the brachial plexus injuries to your child which could include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they will bring the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants will be given a specified amount of time to reply to the lawsuit, and during the discovery phase both sides will gather more evidence to support their assertions.

Most lawsuits settle out of court, rather than going to trial because it's more cost-effective for the parties involved. If your attorney is confident that they will prevail in the case at trial, they might decide to take it to a jury verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and can help increase awareness to prevent these kinds of injuries from occurring in the future. If your verdict is not in your favor, you can appeal the decision. While this process could take longer however, it could also increase the amount of compensation you receive.