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Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial-plexus injury can bring you and your family closure. The process of suing can be complicated and requires a skilled lawyer.

A successful lawsuit may award your family compensation for your child's medical bills as well as future treatment. Find out more about Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to seek reimbursement for medical expenses and other expenses. The amount of money awarded will depend on the severity of your child's injuries and the particular case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers representing both the plaintiff and defendant will collaborate to reach an acceptable settlement to both parties. This could speed up the legal process significantly and save your family from having a judge or jury decide on their case. If your family cannot agree on a settlement you will have to go to trial. This can take a significant amount of time, but can also result in a bigger settlement.

The brachial nerves control the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head or shoulders or on the arms can damage these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past, these lawsuits helped families secure a fair financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured in the womb by medical negligence and suffered brachial palsy, an Erb's Palsy settlement could help you to pay for their medical treatment. This may include treatment, therapy as well as assistive devices and operations.

Many lawsuits settle without court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a court could reverse a verdict given by jurors. Your lawyer and hospital's attorneys will likely attempt to reach an agreement before the trial starts.

If you are unable reach a settlement the case will be taken to arbitration. This means that a neutral third party will listen to both sides and decide who wins the lawsuit. This type of hearing is more informal than a court trial, however it is vital to present witnesses and other physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to attend the hearing in person or they can give their testimony through video conferencing. Subpoenas must be sent in advance to all witnesses to ensure they are aware the requirement to be present at the hearing. Additionally, you must have their addresses and phone numbers in case in case they are required to appear as a witness in the future.

Complaint in Court

Many children suffering from Erb's syndrome can overcome their physical limitations with intensive daily physical therapy. Some may require surgery to fix torn or damaged nerve fibers. However, a significant number of children are not able to recover in any way and must live with the effects of this birth injury for the rest of their life. Parents who believe that their child's erb's palsy law firm paralysis was the result of 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 who are experts in treating this condition. They will create an annual cost of living estimate. This will allow you to determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also assist you obtain copies of your child's medical records, and investigate whether or not the doctor who gave you your child's care had a history of malpractice cases.

If your lawyer has a clear understanding of your child's injuries and the extent of the injuries, 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 a crucial part of the legal process since it allows both sides to construct their arguments. It can take as long as an entire year before you can reach a settlement.

Settlement

If your Erb's Palsy lawsuit is a success the lawyer may be able to obtain compensation to cover medical expenses including future treatment costs, adaptive devices, as well as physical therapy. You may receive damages due to emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove the malpractice that caused the brachial plexus injuries to your child and may include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, they will bring a lawsuit against the defendants. They are typically the medical professionals who gave your child. The defendants will then be given a set period of time to respond to the lawsuit, and during this discovery phase both sides will gather additional evidence to prove their assertions.

Most lawsuits settle out of court, rather than go to trial, as it's cost-effective for all parties involved. If your attorney is convinced that they can win the case in court it could be decided to try to get an appeal to a jury verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice, and also help to raise awareness in order to prevent these types of injuries from happening in the future. If the verdict you receive is not favorable you can appeal. This procedure could take longer, but it could increase the amount you are awarded.

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