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Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family get closure. The process of litigation is complex and requires an experienced lawyer.

If you prevail in your lawsuit, your family may receive compensation for medical bills of your child as well as future treatment. Find out more about the erb's palsy lawyers syndrome lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to seek reimbursement for medical expenses and other expenses. The amount of money awarded is contingent on the severity of your child's injuries and the particular case. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that pleases both parties. This can drastically cut down on the legal process and avoid your family from facing a judge or jury. If your family is not able to come to a deal and you are unable to reach a settlement, you must appear in court. This can also take a long time, however, it could result in a larger award.

The brachial nerves control the movement of the arm. Forceful pulling on the neck, head arms or shoulders during labor and deliveryfor example, when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage the nerves and cause erb's palsy lawyer palsy. In many instances, the injury is preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past, these lawsuits have helped families receive a fair financial settlement that helped their child's future.

Mediation or Arbitration

If your child has suffered an injury to the brachial area during the womb as a result of medical negligence, an Erb's Palsy settlement can help you pay for his or her care. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely attempt to reach a settlement prior to when the trial starts.

If you are unable to reach an agreement, your case will go to arbitration. A neutral third party will listen to both sides and decide who wins the case. This hearing is more informal than a court case, but it is important to provide witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to present at the hearing. Witnesses may be required to present at the hearing in person or you can submit their statements via video conferencing. Subpoenas must be sent in advance to all witnesses so they are aware the requirement to attend the hearing. You should also keep your witnesses' phone numbers and addresses in the file in case you have to call them as an upcoming witness.

Complaint in Court

Many children suffering from Erb's Palsy can overcome physical limitations with intense physical therapy every day. Some will require surgery to repair sprained or damaged nerve fibers. However, a significant number of children don't recover to any measurable degree and will have to live with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with specialists in treating this condition to develop the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records, and investigate whether the doctor who treated your child's diagnosis had a prior experience of malpractice.

Once your lawyer has identified the harms your child has suffered, she will bring a lawsuit against the defendants. Both sides will be involved in the discovery phase which involves exchanging evidence such as expert opinions, depositions, medical records and more. This is a crucial part of your legal case as it allows you to construct your arguments. Settlements can last up to one year.

Settlement

If your Erb's Palsy lawsuit is a success the lawyer may be able obtain compensation to pay for medical costs as well as future treatment costs. adaptive devices along with 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 prove that a mistake caused the injury to the brachial plexus in your child. This could include medical records, witness statements as well expert testimony. Once your attorney has gathered the evidence, they will make a claim against the defendants, which are usually the medical professionals who gave your child. The defendants will then be given a specified amount of time to reply to the suit, and during this process of discovery both sides will gather additional evidence to prove their assertions.

Most lawsuits are settled outside of court rather than going to trial because it is cheaper for all parties involved. If however, your attorney believes that they can win at trial, they may decide to take the case to a jury verdict. A successful verdict in an injury lawsuit for birth can bring families a sense of justice and can help increase awareness to prevent these kinds of injuries from occurring in the future. If the verdict you receive is not favorable, you can appeal. The process could take longer, but can increase the amount you are awarded.