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Erb's Palsy Litigation

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

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

The Legal Process

The most common reason families start an Erb's Palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries and the particular situation. It could easily be millions of dollars.

Many cases involving Erb's palsy settle without court. The lawyers representing both the plaintiff and defendant will come together to negotiate an acceptable settlement to both parties. This can significantly shorten the legal process and prevent your family from facing an attorney or a jury. If your family is unable reach an agreement on a settlement and you are unable to reach a settlement, you must go to court. This can take a lot of time, but it could also result in a bigger award.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling of the neck, head, or shoulders, or on arms, could damage these nerves, causing Erb's Palsy. In many cases, this injury is preventable. Families seek to make negligent healthcare providers accountable for the injuries they cause. They also want to create awareness about the birth injury that could have been avoided. In the past these lawsuits helped families secure an affordable financial settlement that helped their child's future.

Mediation or Arbitration

If your child has suffered a brachial plexus injury in the womb due to medical negligence, an erb's palsy law Firms Palsy settlement can help to pay for the care. This could include therapy, surgery as well as assistive devices and treatments.

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

If you're unable to reach a settlement the case will go to arbitration. A neutral third party will listen to both sides and decide who will win the case. This type of hearing is more informal than a court trial but it is important to provide witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to be present at the hearing. You may either have your witnesses attend the hearing or give statements via videoconferencing. You must ensure that all of your witnesses are aware they must attend the hearing by submitting subpoenas in advance. Additionally, you must have their addresses and phone numbers in case in case they are required to appear as witnesses in the future.

Complaints in Court

Many children suffering from Erb's syndrome can overcome physical limitations through intensive daily physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a significant proportion of children don't recover to any measurable degree and must live with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

To determine 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 will help you determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and investigate whether the doctor who gave you your child's diagnosis had a prior experience of malpractice.

Once your lawyer understands the injuries suffered by your child then she will make a claim against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of the legal process because it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

If your Erb's Palsy lawsuit is successful your lawyer could be able obtain compensation to cover medical expenses including future treatment costs, 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 require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This could include medical records, witness statements as well expert testimony. Once your lawyer has gathered the evidence, they will start a lawsuit against defendants. These are usually the medical professionals that delivered your child. The defendants will then be given a specified period of time to respond. In this discovery phase each side will gather evidence to prove its case.

Most lawsuits are settled out of court instead of going to trial due to the fact that it is cheaper for all parties involved. If your attorney is confident that they will prevail in the case in court, they might decide to go to the jury for a verdict. A successful verdict can give families a sense of justice and increase awareness of ways to avoid future birth injuries. However, if your verdict is not in your favor, you can appeal the decision. This process may take longer, but it could raise the amount you receive.