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erb's palsy lawsuit Palsy Litigation

Taking legal action in the aftermath of your child's brachial injury can bring your family and you closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

If you prevail in your lawsuit, your family can receive compensation for the medical bills of your child and future treatment. Find out more about Erb's palsy litigation procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical costs and other losses. The amount of money offered in a settlement will depend on the particular case of your child and the severity of their injuries but it could easily reach the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can significantly shorten the legal process and prevent your family from having to face a judge or jury. If, however, your family is unable to reach a settlement you will have to go to trial. This can also take a long time but it can also potentially result in a higher amount.

The brachial complex is a collection of nerves which control movement in the arm. During labor and birth excessive forceful pulling of the neck, head, or shoulders, or on the arms can damage these nerves, causing Erb's Palsy. In many instances, the injury can be prevented. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness about the birth injury that could have been avoided. In the past the 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 suffered an injury to the brachial area during the womb as a result of medical negligence, an Erb's Palsy settlement could help you to pay for the care. This can include therapy, surgery, assistive devices and treatment.

Many lawsuits settle without court. This allows plaintiffs to receive compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and hospital's lawyers are likely to attempt to reach a settlement prior to when the trial gets underway.

If you fail to reach an agreement, the case will be referred to arbitration. This means that a neutral third party will be able to hear both sides and determine who will win the case. This hearing is more informal than a court trial, however it is vital to provide witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. You can choose to have your witnesses attend the hearing or give statements via videoconferencing. Subpoenas need to be sent in advance to all witnesses in order they are aware the requirement that they attend the hearing. Additionally, you must have their addresses and telephone numbers on file in case they're called as witnesses in the future.

Complaints in the Court

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

To establish the value of your case your lawyer will collaborate with doctors who specialize in treating these conditions to create a cost-of-living estimate. This helps determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also help you get copies of your child’s medical records, and look into whether or not the doctor who treated your child's care had a history of malpractice cases.

Once your lawyer has identified the injuries of your child, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial aspect of your legal proceedings since it allows both sides to develop their arguments. It can take as long as a year to negotiate a settlement.

Settlement

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

Your lawyer will have to gather evidence to prove the negligence that caused your child's brachial-plexus injury and may include medical documents, witness statements, and expert testimony. Once your lawyer has collected the evidence, he or she will file a lawsuit against the defendants. They are typically the medical professionals who provided your child with. The defendants will be given a specified period of time to respond to the suit, and during this process of discovery, both sides will gather additional evidence to support their assertions.

Most lawsuits are settled outside of court instead of going to trial because it's more cost-effective for everyone involved. If however, your attorney believes that they can win at trial, they may decide to pursue the case to a jury verdict. A successful verdict will bring families a sense that justice has been done and help spread awareness about ways to avoid future birth injuries. If the verdict you receive is not favorable, you can appeal. The process could take longer, but can raise the amount you receive.