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Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial injury can help bring your family and you closure. However, the process of litigation is complex and requires skilled legal representation.

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

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the specific situation of your child and the extent of their injuries, but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both the plaintiff and defendant collaborate to reach an agreement that is acceptable to both parties. This can drastically reduce the legal process, and also prevent your family from having to face a judge or jury. However, if your family is unable to reach an agreement, you'll have to go to trial. It can take a long time, however, it could result in a larger award.

The brachial nerves regulate the movement of the arm. The forceful pulling of the head, neck, shoulders or arms during labor and birthsuch as when doctors make use of forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. In many cases, this injury can be prevented. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also want to spread awareness about the birth injury that could have been avoided. In the past these lawsuits have helped families get an affordable financial settlement and help their child get back on track.

Arbitration or Mediation

If your child was injured in the womb by medical negligence, and suffered from brachial paralysis, an Erb's Palsy settlement could help you cover the cost of their treatment. This may include therapy, treatment, assistive devices, and procedures.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a court overturning a jury verdict. Your lawyer and hospital's lawyers will likely attempt to reach a settlement before the trial gets underway.

If you fail to reach an agreement, the case will be sent to arbitration. This means that an impartial third party will listen to both sides and determine who wins the lawsuit. This hearing is more informal than a court trial but it is essential to present witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. You can choose to invite your witnesses to attend the hearing or present their statements using video conferencing. Subpoenas must be sent in advance to all witnesses to ensure they are aware of the requirement to attend the hearing. Additionally, you should have their addresses and contact numbers on file in the event that they are needed as a witness in the future.

Complaint in the Court

Many children who suffer from Erb's palsy can overcome physical limitations with intense physical therapy every day. Some children will need surgery to repair damaged nerve fibers. A large percentage of children are not able to recover and will have to live their lives with the effects of this birth injury. Parents who believe that their child's Erb's palsy was due to medical negligence during the delivery process have the right to seek an appropriate amount of compensation for their child's injuries.

To establish the value of your case the lawyer will work with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This helps determine how much you are entitled to receive from your erb's palsy attorneys palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor who was involved in your child's birth had previous malpractice cases.

Once your lawyer has a solid understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an important part of your legal case because it allows you to develop your case. It can take as long as a year to arrive at a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation to cover medical expenses and future costs for treatment which include adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will have to collect evidence to prove the error that caused the brachial plexus injuries to your child that could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will start a lawsuit against defendants. These are usually the medical professionals who provided your child with. The defendants will then be given a specified amount of time to reply to the lawsuit. during this process of discovery each side will gather additional evidence to support their assertions.

Most lawsuits are settled out of court, rather than going to trial because it is cheaper for everyone involved. However, if your attorney believes they will win in court, they might choose to take the case to a jury verdict. A successful verdict will bring families a sense that justice has been done and help educate people about how to prevent future birth injuries. However, if the verdict is not favorable to you You can appeal the decision. While this procedure can take more time but it also increases the amount of the compensation you receive.