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Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family to find closure. However, the litigation process is a bit complicated and requires skilled legal representation.

If you win your lawsuit, your family will receive compensation for the medical expenses of your child as well as future treatment. Find out more about erb's palsy lawyer palsy litigation procedure.

The Legal Process

Families file Erb's Palsy lawsuits to seek compensation for medical costs and other expenses. The amount of money awarded depends on the severity of your child's injuries as well as the specific case. It could easily be millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically cut down on the legal process, and also prevent your family from having to go before an attorney or a jury. However, if the family is unable to reach a settlement you will have to go to trial. It can take a long time, but it can also potentially result in a higher amount.

The brachial complex is a collection of nerves that control movement within the arm. When you are pregnant excessive forceful pulling on the neck, head, shoulders, or on the arms can damage these nerves, causing Erb's palsy. In many cases, this injury is preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past the lawsuits have allowed families to obtain an equitable financial settlement and help their child get back on the right track.

Arbitration or Mediation

If your child has suffered a brachial plexus injury during pregnancy due to medical negligence, an Erb's palsy settlement can help pay for his or her treatment. This can include therapy, surgery as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's attorneys will likely try to reach an agreement before the trial starts.

If you're unable to agree to a settlement the case will go to arbitration. This means that an impartial third party will be able to hear both sides and determine who will win the lawsuit. This type of hearing can be more informal than a trial, however it's important to present witnesses and evidence to the proceedings.

You will also require copies of all legal documents and witnesses to present at the hearing. Witnesses can attend the hearing in person, or you can submit their statements through video conferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas prior to the hearing. In addition, you must have their addresses and phone numbers in case in case they are called as witnesses in the future.

A complaint to the court

Many children with Erb's -Pallsy can overcome physical limitations through intense daily physical therapy. Some children may require surgery to repair torn nerve fibers. A large number of children do not recover and are forced to live suffering from the effects of this birth injury. Parents who believe their child's Erb's paralysis was the result of negligence in the delivery process are entitled to seek fair compensation for their child's injuries.

Your lawyer will work with doctors who specialize in treating this condition to create the lifetime cost of living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor who performed the birth of your child had a history of similar malpractice cases.

When your lawyer is aware of the harms your child has suffered and the child's injuries, she will start a lawsuit against defendants. Both sides will go through the discovery phase that involves exchanging evidence like expert opinions, depositions, additional medical records and more. This is a crucial part of your legal defense because it allows you to develop your arguments. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation to cover medical expenses and future costs for treatment, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer must gather evidence to prove mistake that led to your child's brachial-plexus injury and may include medical records, witness statements, and expert testimony. Once your attorney has gathered this evidence, they'll bring the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants are given a set period of time to respond to the suit, and during this discovery stage, both sides will gather additional evidence to support their assertions.

Most lawsuits settle out of court, instead of going to trial, because it's cost-effective for all parties involved. If your lawyer is confident that they will win the case in court and decides to go to the jury for a verdict. A successful verdict in an injury lawsuit for birth can give families a sense justice, and also help to raise awareness to prevent these types of injuries from occurring in the future. However, if the verdict is not in your favor it is possible to appeal the decision. While this process can take more time but it also can increase the amount of compensation you receive.