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erb's Palsy law Firms Palsy Litigation

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

A successful lawsuit may award your family compensation for child's medical bills and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file erb's palsy attorneys-Palsy lawsuits to seek the cost of medical treatment and other expenses. The amount of money awarded in a settlement is dependent on the particular situation of your child as well as the severity of their injuries, but it can easily go into the millions of dollars.

Many of Erb's palsy lawsuits have been settled out of court. The lawyers for both plaintiff and defendant will come together to negotiate an acceptable settlement to both parties. This can shorten the legal process by a significant amount and save your family from having a jury or judge decide the case. If your family is not able to agree on a settlement then you'll need to go to court. It can take a long time, but it can also potentially result in a higher amount.

The brachial nerves control the movement of the arm. Forcing the neck, head, arms or shoulders during labor and birthfor example, when doctors use forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. This type of injury is usually prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also wish to raise awareness of the birth injury that could have been avoided. In the past the lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on the right track.

Mediation or Arbitration

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

Many lawsuits settle without court. This lets plaintiffs receive compensation quicker and reduces the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and hospital attorneys will most likely attempt to reach an agreement before the trial begins.

If you're not able to reach a settlement the case will go to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. The hearing may be more informal than a trial, but it's important to present witnesses and evidence in the hearing.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can have your witnesses attend the hearing or give statements using video conferencing. Subpoenas must be sent in advance to all witnesses in order they are aware of the requirement that they attend the hearing. Keep the names of witnesses' telephone numbers and addresses on file in case you have to contact them as witnesses in the future.

Complaints in Court

Many children with Erb's -Pallsy are able to overcome physical limitations by intense daily physical therapy. Some children will need surgery to repair damaged nerve fibers. A large number of children are never able to recover and must continue to live with the consequences of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair amount of compensation.

To determine the worth of your case the lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer can also assist you get copies of your child's medical records, and look into whether or not the doctor who delivered your child's treatment had a previous history of malpractice cases.

Once your lawyer has a solid knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of the legal process since it allows both sides to develop their arguments. Settlements can take as long as one year.

Settlement

If your Erb's Palsy lawsuit is successful your lawyer might be able obtain compensation to pay for medical costs, future treatment costs and adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will have to gather evidence to prove malpractice that caused the brachial plexus injury to your child, which could include medical records, witness statements, and expert testimony. Once your lawyer has gathered this evidence, they will file the lawsuit against the defendants, which are usually the medical professionals who delivered 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 more evidence to support their claims.

Most lawsuits are settled out of court, rather than going to trial because it's more cost-effective for everyone involved. If however, your attorney is confident they can win in court, they might choose to take the case all the way to the verdict of a jury. A successful verdict will give families a sense justice and help educate people about ways to avoid future birth injuries. 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 are awarded.