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Erb's Palsy Litigation

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

A successful lawsuit may award your family members compensation for child's medical expenses and future treatment. Find out more about Erb's palsy lawsuit process.

The Legal Process

The most frequent reason for families to pursue an Erb's-related lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement will depend on the specific situation of your child and the extent of their injuries, but can easily soar into the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from having to face jurors or judges. If your family members are unable to agree on the terms of settlement, you'll need to go to trial. This can take a significant amount of time, but could also result in a larger settlement.

The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head, shoulders, or on the arms, can cause nerve damage, resulting in Erb's Palsy. This type of injury is usually preventable. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits helped families secure an affordable settlement in order to ensure their child's future.

Mediation or Arbitration

If your child was injured during the womb as a result of medical negligence and suffered brachial sprains, an Erb's Settlement for palsy could help you to pay for their medical treatment. This can include surgeries, therapy, assistive devices and treatment.

Many lawsuits settle without court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and hospital's attorneys will likely attempt to reach an agreement prior to the trial starts.

If you cannot reach an agreement, your case will be taken to arbitration. A neutral third party will listen to both sides and decide who wins the case. This kind of hearing could be more informal than a trial, however it is crucial to present witnesses and evidence for the hearing.

You will also require copies of all legal documents and witnesses to be present at the hearing. You can have witnesses attend the hearing in person or you can provide their statements through video conference. Subpoenas must be sent in advance to all witnesses to ensure they are aware of the requirement to attend the hearing. In addition, you must have their addresses and phone numbers on file in case they are required to appear as a witness in the future.

Complaint to the Court

Many children suffering from erb's palsy lawyers Palsy can overcome physical limitations with regular physical therapy. Some children will need surgery to repair torn nerve fibers. However, a large percentage of children are not able to recover to a significant degree and will be left with the handicaps of this birth injury for the rest of their life. Parents who believe their child's Erb's paralysis was the result of medical negligence during the birth procedure have the right to seek fair compensation for the injuries suffered by their child.

Your lawyer will work with specialists in treating this condition to create a lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's settlement for palsy. 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 prior experience with similar malpractice cases.

Once your lawyer understands the child's injuries and the child's injuries, she will start a lawsuit against defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal defense because it allows you to build your case. Settlements can take as long as one year.

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, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer must collect evidence to prove the mistake that led to the brachial plexus injury to your child and may include medical records, witness statements and expert testimony. After your lawyer has gathered this evidence, they'll make a claim against the defendants, who are typically the medical experts who delivered your child. The defendants are given a specific amount of time in which to respond to the lawsuit, and during this process of discovery both sides will collect additional evidence to prove their claims.

Most lawsuits are settled out of court rather than going to trial since it is cheaper for all parties involved. If your attorney is confident that they'll win the case at trial they may decide to go to the jury. A successful verdict will give families a sense of justice and help educate people about how to avoid any future birth injuries. If, however, your verdict is not in your favor it is possible to appeal the decision. While this process could take more time but it also increases the amount of the compensation you receive.