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Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may help you and your family members find closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

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

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular case. It could easily reach millions of dollars.

Many erb's palsy law firms palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant will work together to find an agreement that is acceptable to both parties. This can significantly speed up the legal process and save your family from having to go before an attorney or a jury. If your family is unable to reach an agreement, you'll have to go to trial. This can take a lot of time, but can also result in a bigger amount.

The brachial plexus is a group of nerves that control movement in the arm. Forcing the head, neck, shoulders or arms during labor and birthsuch as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves, causing Erb's palsy. This injury is often avoidable. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to create awareness about the 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 plexus in the womb due to medical negligence, an Erb's Palsy settlement can help pay for their care. This may include therapy, treatment aids, assistive devices, as well as surgeries.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital's lawyers will probably seek to negotiate a settlement before the trial begins.

If you are unable to reach a settlement, your case will proceed to arbitration. A neutral third party will hear both sides and decide who wins the case. This type of hearing can be more informal than a trial, however it's crucial to present witnesses and evidence for the proceedings.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can have your witnesses attend the hearing or submit their statements via videoconferencing. Subpoenas need to be sent in advance to all witnesses so they are aware the requirement to be present at the hearing. Additionally, you must keep your witnesses' addresses and phone numbers on file in case they're called as a witness in the future.

Complaints in the Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations with daily physical therapy. Some may require surgery to fix torn or separated nerve fibers. However, a substantial proportion of children don't recover in any significant way and will be forced to live with the handicaps of this birth injury for the rest of their life. Parents who believe their child's erb's palsy law firms syndrome was due to negligence by a medical professional during the birth process have the right to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create the lifetime cost of living estimate. This helps determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor who was involved in your child's birth had prior experience with similar malpractice cases.

When your lawyer is aware of the harms your child has suffered, she will file a lawsuit against the defendants. Both parties will go through the discovery phase which involves exchanging evidence like expert opinions, depositions and medical documents, and so on. This is an essential part of your legal proceeding because it allows both sides to construct their arguments. It can take as long as an entire year to arrive at a settlement.

Settlement

When your Erb's palsy lawsuit is successful, erb's Palsy lawsuit your lawyer may be able to obtain compensation that covers medical costs and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records and witness statements as well expert testimony. After your lawyer has collected the evidence, they will file the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants will then be given a specified period of time to respond to the lawsuit, and during this discovery phase, both sides will gather additional evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial because it is more cost-effective for everyone involved. If however, your attorney is confident that they will prevail in court, they could decide to pursue the case to a jury verdict. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice and raise awareness and prevent these types of injuries from happening again in the future. If your verdict isn't favorable you can appeal. While this procedure can take longer but it also can increase the amount of the amount you are awarded.