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Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could aid you and your family get closure. The process of litigation is complicated and requires a skilled lawyer.

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

The Legal Process

Families file Erb's Psy lawsuits to get the cost of medical treatment and other expenses. The amount of money awarded depends on the severity of your child's injuries as well as the particular situation. It could easily be millions of dollars.

Many erb's palsy legal palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and defendant collaborate to reach a settlement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from having to go before an attorney or a jury. If your family cannot agree on a settlement you will have to go to trial. It can take a long time, Erb's Palsy Litigation however, it could result in a higher amount.

The brachial nerves control the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head, shoulders or on the arms can cause nerve damage, resulting in Erb's palsy. In many cases, this injury is preventable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also wish to raise awareness about this birth injury which could have been avoided. In the past the lawsuits have helped families secure an appropriate financial settlement to get their child's life back on course.

Arbitration or Mediation

If your child was injured by a brachial plexus injury during the womb as a result of medical negligence, an erb's palsy compensation Palsy settlement could help you pay for their treatment. This may include therapy, treatment devices, assistive devices, and surgeries.

Many lawsuits settle outside of court. This means that plaintiffs can receive compensation more quickly and reduces the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital attorneys will most likely try to reach an agreement prior to the trial beginning.

If you are unable settle your dispute the case will be taken to arbitration. A neutral third party will hear both sides and decide who wins the case. This hearing is more informal than a court trial however, it is crucial to present witnesses and other 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 provide their statements via video conferencing. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. You must also keep your witnesses' phone numbers and addresses in the file in case you have to contact them as an upcoming witness.

Complaints in the Court

Many children with Erb's Palsy can overcome physical limitations through regular physical therapy. Some children may require surgery to repair the torn nerve fibers. A significant number of children will never recover and have to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb's paralysis was the result of negligence by a medical professional during the birth procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create an estimated cost of living for life 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 your child's medical records and determine if the doctor involved in the birth of your child had prior experience with similar malpractice cases.

When your lawyer is aware of the injuries of your child she will bring a lawsuit against the defendants. Both sides will go through the discovery phase that involves exchanging evidence including expert opinions, depositions, additional medical records, and more. This is an essential part of your legal action since it allows both sides to build their arguments. Settlements can last up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer may be able to secure compensation that covers medical expenses and future treatment costs such as adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial plexus in your child. This may include medical records and witness statements as well expert testimony. Once your lawyer has gathered the evidence, he or she will make a claim against the defendants. They are typically the medical professionals that delivered your child. The defendants will be given a specified amount of time to respond to the suit, and during this discovery stage, both sides will gather more evidence to support their assertions.

Most lawsuits are settled out of court instead of going to trial because it's more cost-effective for all parties involved. However, if your attorney is confident that they will prevail in court, they might decide to pursue the case all the way to the verdict of a jury. A successful verdict could give families a sense justice and help educate people about how to avoid any future birth injuries. If, however, your verdict is not in your favor then you may appeal the decision. While this process can take more time but it also increases the amount of the amount you are awarded.