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Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial injury can help bring your family and you closure. However, the litigation process is complicated and requires experienced legal representation.

A successful lawsuit can award your family compensation for child's medical bills and any future treatment. Find out more about the Erb's-Palsy lawsuit process.

The Legal Process

The most popular reason families bring an Erb's palsy suit is to seek compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific case. It could easily be millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers of both the plaintiff and defendant collaborate to reach a settlement that is acceptable to both parties. This could speed up the legal process significantly and save your family from having a judge or jury decide their case. If your family is unable reach a settlement then you'll need to appear in the court. This can take a lot of time, but could also result in a larger settlement.

The brachial plexus is a group of nerves which control movement in the arm. A forceful pull on the head, neck, shoulders or arms during labor and delivery -- such as when doctors employ forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy law firms palsy. This condition is usually preventable. Families seek to hold 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 an equitable financial settlement and get their child's life back on track.

Arbitration or Mediation

If your child was injured in the womb due to medical negligence and has suffered brachial palsy, an Erb's settlement for palsy can help pay for their treatment. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers are likely to attempt to negotiate an agreement prior to the trial starts.

If you're not able to reach a settlement, your case will proceed to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence in the proceedings.

You will also need copies of all legal documents as well as witnesses to present at the hearing. Witnesses may be required to attend the hearing in person, or they can give their testimony through video conferencing. Subpoenas need to be sent in advance to all witnesses so they are aware of the requirement to attend the hearing. Keep your witnesses' phone numbers and addresses in the file in case you need to call them as a future witness.

Complaint to the Court

Many children suffering from erb's palsy lawyer Palsy can overcome physical limitations through daily physical therapy. Some children require surgery to repair torn nerve fibers. A significant number of children do not recover and are forced to live their lives suffering the effects of this birth injury. Parents who believe their child's Erb's syndrome was the result of negligence in the delivery process have the right to seek fair compensation for the injuries suffered by their child.

To determine the value of your case, your lawyer will work with specialists in treating these ailments to develop a lifetime cost-of-living estimate. This will help determine the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also help you get copies of your child’s medical records, and look into whether or not the doctor who delivered your child's diagnosis had a prior record of malpractice cases.

When your lawyer is aware 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, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of the legal process because it allows both sides to build their arguments. Settlements can take up to one year.

Settlement

If your Erb's palsy suit is successful, your lawyer may be able get compensation to cover medical expenses and future costs for treatment, 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 must gather evidence to prove the negligence that caused your child's brachial plexus injury, which could include medical records, witness statements, and expert testimony. After your lawyer has collected this evidence, they will make a claim against the defendants, which are usually the medical experts who delivered your child. The defendants are then given a certain amount of time to reply. In this phase of discovery the parties will gather evidence to back up their claims.

Most lawsuits settle out of court, rather than going to trial because it's more cost-effective for all parties involved. If your lawyer is confident that they can win the case at trial, they might decide to pursue it to a jury verdict. A successful verdict in an injury lawsuit for birth can bring families a sense of justice, and also help to raise awareness in order to prevent these types of injuries from happening in the future. If the verdict isn't favorable you may appeal. While this process could take more time however, it could also increase the amount of the compensation you receive.