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Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family find closure. However, the process of litigation is complex and requires expert legal representation.

If you prevail in your lawsuit, your family could receive compensation for medical bills of your child and future treatment. Learn more about the Erb's-Palsy lawsuit procedure.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on the specific situation of your child and the extent of their injuries, but it could easily reach the thousands of dollars.

Many erb's palsy lawyer palsy lawsuits are settled out of court. The lawyers for both the plaintiff and defendant will collaborate to reach an acceptable settlement to both parties. This could cut down the legal process dramatically and spare your family from having a judge or jury decide their case. If your family is unable to come to a deal, you will need to go to the court. This can also take a long time but it could also result in a higher amount.

The brachial plexus is a set of nerves which control movement in the arm. When you are pregnant excessive forceful pulling of the neck, head, or shoulders, or on the arms can result in damage to these nerves and cause Erb's palsy. This condition is usually prevented. Families bring 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 prevented. In the past these lawsuits have helped families obtain an equitable financial settlement and help their child get back on the right track.

Arbitration or Mediation

If your child sustained an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's palsy settlement can help pay for their care. This may include therapy, treatment as well as assistive devices and surgeries.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and the hospital's attorneys are likely to try to reach an agreement prior to the trial begins.

If you are unable settle your dispute your case will be sent to arbitration. A neutral third party will listen to both sides and decide who wins the case. This type of hearing is more informal than a court case, but it is essential to have witnesses present and physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can either witness your witnesses attend the hearing or give statements via videoconferencing. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware of the requirement to be present at the hearing. You must also keep your witnesses' numbers and addresses on file in case you have to contact them for a future witness.

A complaint to the court

Many children suffering from Erb's syndrome can overcome physical limitations with intense physical therapy every day. Some children will require surgery to repair damaged nerve fibers. However, a significant number of children don't recover to any measurable degree and will be left with the effects of this birth injury for life. Parents who believe their child's Erb's syndrome was due to medical negligence during the birth process are entitled to claim fair compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors that specialize in treating this condition to develop an estimated cost of living for life estimate. This will help you determine the amount of compensation you're entitled to under your erb's palsy law firm settlement for palsy. Your lawyer can also assist you get copies of your child's medical records, and look into whether or not the doctor who performed surgery on your child had a previous record of malpractice cases.

If your lawyer has a thorough understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery phase which involves exchanging evidence like expert opinions, depositions and medical records, and more. This is a crucial aspect of the legal process since it allows both sides to develop their arguments. Settlements can last for up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to obtain 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 will require evidence to prove that malpractice caused the injury to the brachial area in your child. This may include medical records and witness statements, as well as expert testimony. Once your lawyer has collected the evidence, he will start a lawsuit against defendants. These are usually the medical professionals who provided your child with. The defendants will be given a specific amount of time in which to respond to the suit, and during the discovery phase each side will gather additional evidence to prove their assertions.

Most lawsuits settle out of court, rather than going to trial, as it's more cost-effective for all parties involved. If your attorney is convinced that they can win the case at trial, they might decide to pursue it to an appeal to a jury verdict. A successful verdict can give families a sense of justice and increase awareness of how to avoid any future birth injuries. If the verdict you receive is not favorable you can appeal. This procedure could take longer, but it will increase the amount you are awarded.