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Erb's Palsy Litigation

In the aftermath of your child's brachial-plexus injury can bring your family and you closure. The process of litigation is complex and requires an experienced lawyer.

If you are successful in your lawsuit, your family may receive compensation for the medical bills of your child as well as future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

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

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant will collaborate to reach a settlement that is acceptable to both parties. This can significantly speed up the legal process and avoid your family from facing the jury or judge. If your family is unable to agree on a settlement and you are unable to reach a settlement, you must appear in court. It can take a long time, however, it could result in a bigger award.

The brachial nerves regulate the movement of the arm. Forcing the head, neck, arms, or shoulders during labor and delivery -like when doctors use forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. This injury is often avoidable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to create awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families get an equitable financial settlement and get their child's life back on track.

Arbitration or Mediation

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

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge overturning a jury verdict. Your lawyer and hospital's lawyers will probably try to come to an agreement prior to the trial beginning.

If you are unable to agree to a settlement your case will be sent to arbitration. A neutral third party will listen to both sides and decide who wins the case. This kind of hearing could be more informal than a trial, but it is crucial to present physical evidence and witnesses for the hearing.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You can have your witnesses attend the hearing or provide their statements via videoconferencing. You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas ahead of time. Additionally, you must keep your witnesses' addresses and contact numbers on file in case they're called to testify in the future.

A complaint to the court

Many children who suffer from Erb's palsy can overcome physical limitations with daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a substantial proportion of children don't recover to a significant degree and will be left with the limitations of this birth injury for the rest of their lives. Parents who believe their child's Erb's palsy was the result of medical negligence during the birth process have the right to claim fair compensation for the injuries suffered by their child.

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

When 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, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal case because it allows you to construct your case. Settlements can last for up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to get compensation for medical costs and future treatment costs including adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove malpractice that caused the brachial plexus injuries to your child which could include medical records, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against defendants. They are typically the medical professionals who gave your child. The defendants are then given a set period of time to respond. In this phase of discovery, each side will gather evidence to support its claims.

Most lawsuits are settled out of court, rather than going to trial due to the fact that it's more cost-effective for all parties involved. If your lawyer is confident that they'll win the case in court, they might decide to take it to the jury. A successful verdict in an injury lawsuit for birth can bring families a sense of justice and help raise awareness in order to prevent these types of injuries from occurring in the future. If, however, your verdict is not in your favor You can appeal the decision. This process may take longer, but it could increase the amount you get.