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Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial injury can help bring you and your family closure. The litigation process can be complicated and requires a skilled lawyer.

A successful lawsuit may award your family members compensation for child's medical bills as well as future treatment. Find out more about the Erb's syndrome lawsuit procedure.

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 will depend on the severity of your child's injuries as well as the particular situation. It could easily reach millions of dollars.

Many of Erb's lawsuits involving palsy are resolved outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This can drastically reduce the legal process, and also prevent your family from facing jurors or judges. However, if your family is unable to reach an agreement, you'll have to go to trial. This could take a long time, however, it could result in a higher 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 instances, the injury can be prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also seek to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits have allowed families to obtain an equitable financial settlement and help their child get back on the right track.

Mediation or Arbitration

If your child was injured while in the womb by medical negligence and suffered brachial palsy, an Erb's Palsy settlement could help you pay for their treatment. This could include surgeries, therapy, assistive devices and treatment.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and hospital's attorneys will likely try to reach an agreement prior to the trial beginning.

If you are unable reach a settlement your case will be sent to arbitration. This means that a neutral third party will hear both sides and determine who will win the lawsuit. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence in the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can have your witnesses attend the hearing or provide their statements via videoconferencing. You must ensure that all of witnesses are aware that they must attend the hearing by submitting subpoenas in advance. You must also keep the names of witnesses' telephone numbers and addresses on file, in case you need to contact them for an upcoming witness.

Complaint in the Court

Many children who suffer from Erb's Palsy can overcome their physical limitations by intense physical therapy every day. Some children require surgery to repair torn nerve fibers. A large number of children are never able to recover and must continue to live suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair amount of 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 determines the amount you're entitled to from the settlement you received for your erb's palsy lawyers syndrome. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who was involved in the birth of your child had an history of similar malpractice cases.

If your lawyer has a good knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal argument because it allows you to build your arguments. Settlements can last for up to one year.

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer could be able obtain compensation to cover medical expenses for future treatment, future costs for treatment and adaptive devices in addition to physical therapy. You may 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 injury to the brachial plexus in your child. This may include medical records and testimony from witnesses as well as expert testimony. After your lawyer has collected the evidence, they will bring the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants are then given a certain amount of time to respond. In the discovery phase each side will collect evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial due to the fact that it is cost-effective for everyone involved. If your attorney is confident that they will prevail in the case at trial and decides to take it to an appeal to a jury verdict. A successful verdict in a birth injury lawsuit can give families a sense justice and can help increase awareness and prevent these types of injuries from occurring in the future. However, if the verdict is not in your favor then you may appeal the decision. This procedure could take longer, but it can increase the amount you get.