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Erb's Palsy Litigation

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

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

The Legal Process

Families file Erb's palsy Law firms-Palsy lawsuits to recover reimbursement 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 situation. It could easily be millions of dollars.

Many of Erb's lawsuits involving palsy are resolved outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that pleases both parties. This could speed up the legal process significantly and keep your family from having a judge or jury decide on their case. If your family is not able to reach a settlement and you are unable to reach a settlement, you must go to court. This could take a long time, but it can also potentially result in a higher award.

The brachial plexus is a set of nerves that control movement within the arm. The forceful pulling of the neck, head shoulders or arms during labor and delivery- such as when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and cause Erb's palsy. This injury is often preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to spread awareness about this birth injury which could have been avoided. In the past the lawsuits have helped families obtain an equitable financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child was injured while in the womb by medical negligence and has suffered brachial sprains, an erb's palsy law firm settlement for palsy can help to pay for their medical treatment. This could include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits are settled outside of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a court might overturn a decision made by a jury. Your lawyer and the hospital attorneys will most likely attempt to reach an agreement before the trial gets underway.

If you are unable to reach a settlement the case will be taken to arbitration. A neutral third party will listen to both sides and decide who will win the case. This kind of hearing could be more informal than a trial, but it's important to present witnesses and evidence to the proceedings.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to invite your witnesses to attend the hearing or provide their statements via videoconferencing. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas ahead of time. Additionally, you should have the addresses of your witnesses and telephone numbers on file in case they are called as a witness in the future.

Complaints in the Court

Many children with Erb's -Pallsy can overcome physical limitations through intensive daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a significant proportion of children don't recover to a significant degree and will be forced to live with the limitations of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to fair compensation.

Your lawyer will work with specialists in treating this condition to produce a lifetime 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 to obtain copies of your child's medical records, and investigate whether the doctor who gave you your child had a previous history of malpractice cases.

When your lawyer is aware of the injuries suffered by your child and the child's injuries, she will make a claim against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal action because it gives both sides the chance to present their case. It can take up to an entire year before you can arrive at a settlement.

Settlement

If your Erb's palsy lawsuit is a success your lawyer could be able to get compensation to cover medical expenses including future treatment costs, 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 your child's brachial-plexus injury which could include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they will file a lawsuit against the defendants. These are usually the medical professionals that gave your child. The defendants are given a specified amount of time in which to respond to the suit, and during this discovery stage each side will gather additional evidence to support their assertions.

Most lawsuits are settled outside of court, rather than going to trial because it is more cost-effective for everyone involved. However, if your attorney is confident they can win in court, they could choose to take the case all the way to a jury verdict. A successful verdict in a birth injury lawsuit can give families a sense justice, and also help to raise awareness in order to prevent these types of injuries from happening again in the future. If your verdict isn't favorable, you can appeal. While this process could take more time, it can also increase the amount of compensation you receive.