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Erb's Palsy Litigation

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

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

The Legal Process

Families file Erb's Palsy lawsuits to get reimbursement for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This can significantly shorten the legal process and save your family from having to face the jury or judge. If, however, your family is unable to reach a settlement you will have to go to trial. It can take a long time, however, it could result in a bigger award.

The brachial area is a group of nerves which control movement within the arm. When you are pregnant excessive forceful pulling on the neck, head, or shoulders or on the arms can result in damage to these nerves and cause erb's palsy attorneys palsy. This injury is often prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise the word about this 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.

Arbitration or Mediation

If your child was injured during the womb because of medical negligence, and suffered from brachial palsy, anErb's Settlement for palsy could help you cover the cost of their treatment. This could include surgeries, therapy, assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a court could reverse a verdict given by the jury. Your lawyer and hospital's attorneys are likely to seek a settlement before the trial gets underway.

If you cannot reach an agreement, your case will go to arbitration. This means that an impartial third party will take in both sides and decide who will win the lawsuit. This hearing is more informal than a court trial, however it is vital to have witnesses present and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. You can either invite your witnesses to the hearing or give testimony via video conferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas in advance. Additionally, you should have their addresses and telephone numbers on file in case they are called to testify in the future.

Complaint in the Court

Many children suffering from Erb's Palsy can overcome physical limitations through intense daily physical therapy. Some children will require surgery to repair torn nerve fibers. Many children do not recover and are forced to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to fair compensation.

To determine the value of your case the lawyer will work with specialists in treating these ailments to develop a life-long cost-of-living estimate. This helps determine how much you're entitled to from the settlement you received for your Erb's syndrome. 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 history of malpractice cases.

Once your lawyer has a good knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will 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 your legal argument because it allows you to develop your case. Settlements can take as long as one year.

Settlement

If your Erb's palsy lawsuit is a success the lawyer may be able to obtain compensation to pay for medical expenses, future treatment costs and adaptive devices along with physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the brachial plexus injury in your child. This could include medical records and testimony from witnesses as well as expert testimony. After your lawyer has collected the evidence, they will file the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will then be given a specific amount of time to respond to the suit, and during this process of discovery both sides will gather additional evidence to back their claims.

Most lawsuits settle out of court, rather than go to trial, because it's more cost-effective for the parties involved. If your lawyer is confident that they can win the case in court it could be decided to take it to the jury for a verdict. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and raise awareness to prevent these types of injuries from occurring in the future. If the verdict you receive is not favorable, you can appeal. This procedure could take longer, but it can increase the amount you receive.