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Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can help bring you and your family closure. The process of litigation is complex and requires an experienced lawyer.

If you win your lawsuit, your family will receive compensation for the medical bills of your child and future treatment. Learn more about the erb's palsy lawyers palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the particular situation. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and the defendant will collaborate to negotiate a settlement that is acceptable to both parties. This could speed up the legal process significantly and prevent your family from having a judge or jury decide the case. If your family members cannot reach an agreement, you'll have to go to trial. This can also take a long time however, it could result in a higher amount.

The brachial nerves control the movement of the arm. A forceful pull on the head, neck, arms or shoulders during labor and deliverysuch as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage the nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to spread awareness about this birth injury that could have been prevented. In the past, these lawsuits have helped families secure an equitable financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child has suffered an injury to the brachial area in the womb due to medical negligence, an Erb's Palsy settlement can help to pay for the care. This may include therapy, treatment as well as assistive devices and operations.

Many lawsuits settle out of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's attorneys will likely try to reach an agreement before the trial begins.

If you cannot reach an agreement, the case will be sent to arbitration. This means that an impartial third party will take in both sides and determine who wins the lawsuit. This type of hearing can be more informal than a trial, but it's important to present physical evidence and witnesses for the hearing.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can invite your witnesses to attend the hearing or give testimony via video conferencing. Subpoenas must be sent in advance to all witnesses in order that they are aware the requirement to be present at the hearing. Also, keep the names of witnesses' telephone numbers and addresses on file in case you need to call them as witnesses in the future.

A complaint to the court

Many children who suffer from Erb's Palsy can overcome their physical limitations by regular physical therapy. Some children require surgery to repair the torn nerve fibers. However, a large percentage of children are not able to recover to a significant degree and will be left with the handicaps of this birth injury for the rest of their lives. Parents who believe that their child's Erb's paralysis was due to medical negligence during the delivery procedure have the right to seek fair compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition to create an annual cost of living estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer will also help you get copies of the medical records for your child and investigate whether the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.

If your lawyer has a clear understanding of the injuries of your child she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal proceedings because it allows both sides to build their arguments. It can take up one year to settle a case.

Settlement

If your Erb's Palsy lawsuit is a success your lawyer could be able to obtain compensation to pay for medical costs, future treatment costs 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 require evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records, testimony from witnesses as well as expert testimony. After your lawyer has gathered the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals who delivered your child. The defendants will be given a set amount of time to reply to the suit, and during this discovery stage each side will gather additional evidence to back their assertions.

Most lawsuits settle out of court, rather than going to trial, since it's more cost-effective for the parties involved. However, if your attorney is confident that they will prevail in court, they could choose to take the case to an appeals court 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, however, your verdict is not favorable to you You can appeal the decision. While this process can take more time, it can also increase the amount of the compensation you receive.