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Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family get closure. However, the process of litigation is complicated and requires experienced legal representation.

A successful lawsuit could grant your family compensation for your child's medical bills as well as future treatment. Find out more about the Erb's-Palsy lawsuit procedure.

The Legal Process

Families file erb's palsy attorney-Palsy lawsuits to recover reimbursement for medical expenses and other expenses. The amount of money that is awarded in a settlement is dependent on the particular case of your child and the extent of their injuries, but it can easily go into the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can drastically reduce the legal process and avoid your family from having to face the jury or judge. However, if your family members are unable to agree on an agreement, you'll have to go to trial. This can also take a long time, but it can also potentially result in a bigger award.

The brachial nerves regulate the movement of the arm. Forcing the neck, head shoulders or arms during labor and birthfor example, when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to Erb's palsy. In many instances, the injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to raise awareness about this birth injury that could have been avoided. In the past these lawsuits helped families get an equitable financial settlement that helped 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 surgeries, Erb's palsy Lawsuits therapy aidive devices, and treatment.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a judge could reverse a verdict given by a jury. Your lawyer and hospital's attorneys will likely attempt to reach an agreement before the trial gets underway.

If you're unable to come to a deal, your case will proceed to arbitration. This means that an impartial third party will be able to hear both sides and determine who wins the case. This type of hearing is more informal than a court case, however, it is crucial to present witnesses and other physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses present at the hearing in person, or you can provide their statements through video conference. You must ensure that all of your witnesses are aware they are required to attend the hearing by submitting subpoenas ahead of time. In addition, you must have your witnesses' addresses and phone numbers on file in the event that they are needed as witnesses in the future.

Complaint to the Court

Many children with Erb's Palsy can overcome physical limitations through intense daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a large percentage of children will not recover in any significant way and will be forced to live with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's paralysis was due to medical negligence during the delivery process have the right to claim an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors who specialize in treating this condition. They will create an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor who was involved in the birth of your child had a history of similar malpractice cases.

When your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an important part of your legal case as it helps you build your case. Settlements can take as long as one year.

Settlement

If your Erb's Palsy lawsuit is successful the lawyer may be able to get compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices along with physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial plexus in your child. This may include medical records and witness statements, as well as expert testimony. After your lawyer has gathered the evidence, he or she will make a claim against the defendants. They are typically the medical professionals who provided your child with. The defendants are then given a specific amount of time to reply. In this phase of discovery each side will gather evidence to support their claims.

Most lawsuits are settled out of court, rather than going to trial because it's more cost-effective for all parties involved. If your attorney is confident that they will win the case in court and decides to try to get a jury verdict. A successful verdict in an injury lawsuit for birth can give families a sense justice, and also help to raise awareness to prevent these kinds of injuries from occurring in the future. If your verdict is not favorable to you then you may appeal the decision. This procedure could take longer, but it could increase the amount you are awarded.