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Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial plexus injury can bring you and your family closure. The process of litigation is complicated and requires a skilled lawyer.

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

The Legal Process

The most frequent reason for families to pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement depends on the particular situation of your child as well as the severity of their injuries but it can easily go into the thousands of dollars.

Many of the lawsuits involving Erb's Psy are settled without court. Lawyers for the plaintiff and defendant work together to reach an agreement that pleases both parties. This can shorten the legal process significantly and spare your family from having a jury or judge decide on their case. However, if your family members are unable to agree on an agreement, you'll have to go to trial. This can also take a long time, but it could also result in a larger award.

The brachial complex is a collection of nerves that regulate movement within the arm. During labor and delivery, excessive forceful pulling of the neck, head or shoulders or on the arms can cause damage to these nerves, leading to erb's palsy attorneys palsy. In many cases, this injury is preventable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to increase awareness of this birth injury that could have been prevented. In the past these lawsuits helped families get an equitable settlement in order to ensure their child's future.

Mediation or Arbitration

If your child has suffered an injury to the brachial plexus during the womb as a result of medical negligence, an erb's palsy attorney palsy settlement could help you pay for their care. This may include therapy, treatment devices, assistive devices, and surgeries.

Many lawsuits settle without court. This lets plaintiffs receive their compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will likely seek a settlement before the trial begins.

If you are unable come to a deal the case will be taken to arbitration. A neutral third party will listen to both sides and determine who wins the case. This type of hearing can be more informal than a trial, but it is important to provide physical evidence and witnesses for the hearing.

You will also require copies of all legal documents and witnesses to present at the hearing. You can have witnesses attend the hearing in person, or you can submit their statements through video conference. Subpoenas must be issued in advance to all witnesses to ensure that 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 an upcoming witness.

Complaints in Court

Many children suffering from Erb's Palsy can overcome their physical limitations by intense physical therapy every day. Some children require surgery to repair torn nerve fibers. A large percentage of children are not able to recover and will have to live their lives suffering the effects of this birth injury. Parents who believe that their Erb's palsy in their child was the result of medical negligence during the birth process have the right to seek fair compensation for the injuries suffered by their child.

To determine the worth of your case, your lawyer will work with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This will allow you to determine the amount of compensation you are entitled to under your Erb's settlement for palsy. Your lawyer can also assist you get copies of your child's medical records and investigate whether the doctor responsible for the birth of your child had an history of similar malpractice cases.

Once your lawyer has a solid knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal proceeding because it allows both sides to develop their arguments. It can take up a year to reach a settlement.

Settlement

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

Your lawyer will have to collect evidence to prove the negligence that caused the brachial plexus injury to your child which could include medical documents, witness statements and expert testimony. After your lawyer has gathered this evidence, they'll bring the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants are then given a set amount of time to respond. In this discovery phase, each side will gather evidence to support their claims.

Most lawsuits settle out of court, rather than going to trial, since it's cost-effective for all parties involved. If your lawyer is confident that they will prevail in court, they could choose to take the case to the verdict of a jury. A successful verdict will give families a sense of justice and help spread awareness about how to avoid any future birth injuries. If the verdict you receive is not favorable, you can appeal. This process may take longer, but can increase the amount you receive.