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Erb's Palsy Litigation

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

A successful lawsuit can award your family members compensation for your child's medical bills and future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's palsy lawsuits (www.Andyguoji.com) to seek reimbursement for medical expenses and other expenses. The amount of money offered in a settlement is contingent upon the particular case of your child and the extent of their injuries, however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and the defendant will work together to find an agreement that is acceptable to both parties. This can drastically reduce the legal process and save your family from having to go before jurors or judges. If your family members are unable to reach an agreement on a settlement the family will have to appear in court. This can also take a long time but it could also result in a higher amount.

The brachial nerves control the movement of the arm. Forcing the head, neck, shoulders or arms during labor and delivery -- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to 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 seek to raise awareness of this birth injury that could have been avoided. In the past these lawsuits allowed families to obtain a fair financial settlement and help their child get back on the right track.

Mediation or Arbitration

If your child was injured while in the womb due to medical negligence and was later diagnosed with brachial palsy, an Erb's Palsy settlement could help you pay for their treatment. This may include treatment, therapy devices, assistive devices, and surgeries.

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

If you fail to 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 kind of hearing could be more informal than a trial, however it's important to present physical evidence and witnesses for the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can either have your witnesses attend the hearing or submit their testimony via video conferencing. You must ensure that all your witnesses are aware that they must attend the hearing by submitting subpoenas ahead of time. Keep your witnesses' numbers and addresses in the file in case you have to contact them as an upcoming witness.

Complaint to the Court

Many children suffering from Erb's palsy can overcome physical limitations with regular physical therapy. Some may require surgery to repair sprained or separated nerve fibers. A large number of children do not recover and are forced to live their lives with the effects of this birth injury. Parents who believe that their child's erb's palsy law firms palsy was the result of medical negligence during the birth process have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with specialists in treating this condition to produce the 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 obtain copies of your child’s medical records and determine whether the doctor who gave you your child had a previous history of malpractice cases.

If your lawyer has a clear understanding of the injuries suffered by your child then she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal case as it allows you to build your case. It can take up an entire year before you can settle a case.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer may be able get compensation for medical expenses and future costs for treatment such as 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 require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well expert testimony. Once your lawyer has gathered the evidence, he or she will file a lawsuit against the defendants. These are usually the medical professionals who provided your child with. The defendants are then given a set period of time to respond. In the discovery phase each side will collect evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial as it is more cost-effective for everyone involved. If your lawyer is confident they can win in court, they might choose to take the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit could give families a sense justice and raise awareness and prevent these types of injuries from happening again in the future. If, however, your verdict is not favorable to you You can appeal the decision. The process could take longer, but it can raise the amount you receive.