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erb's palsy lawsuit Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family find closure. However, the process of litigation is complicated and requires experienced legal representation.

A successful lawsuit can award your family members compensation for your child's medical bills and any future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on your child's specific case and the extent of their injuries, but it could easily reach the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers of both the plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties. This can shorten the legal process considerably and spare your family from having a judge or jury decide their case. However, if your family members are unable to agree on a settlement you will have to go to trial. This can take a significant amount of time, however it can also result in a larger settlement.

The brachial nerves regulate the movement of the arm. During labor and birth, excessive forceful pulling of the neck, head or shoulders or on the arms could result in damage to these nerves and cause Erb's palsy. This injury is often prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to create awareness about the birth injury that could have been avoided. In the past the lawsuits have allowed families to obtain an appropriate financial settlement to get their child's life back on path.

Mediation or Arbitration

If your child was injured while in the womb because of medical negligence and has suffered brachial paralysis, an Erb's settlement for palsy can help pay for their treatment. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits settle outside of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital's lawyers will probably try to reach an agreement before the trial starts.

If you're not able to agree to a settlement the case will go to arbitration. This means that an impartial third party will hear both sides and decide who wins the case. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence in the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses attend the hearing in person, or you can submit their statements via video conference. Subpoenas must be sent in advance to all witnesses to ensure that they are aware of the requirement to attend the hearing. Additionally, you should keep your witnesses' addresses and phone numbers on file in the event that they are needed as witnesses in the future.

Complaint to the Court

Many children suffering from Erb's palsy can overcome their physical limitations by daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a large percentage of children are not able to recover in any way and will be forced to live with the limitations of this birth injury for the rest of their lives. Parents who believe their child's Erb's paralysis was the result of negligence in the delivery process have the right claim an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition to produce an estimated cost of living for life estimate. This helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor who performed your child's birth had an history of similar malpractice cases.

When your lawyer has a good knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both parties will go through the discovery process which involves exchanging evidence like expert opinions, depositions, medical documents and more. This is a crucial part of your legal case because it helps you build your arguments. It can take as long as one year to negotiate a settlement.

Settlement

If your Erb's-Pallsy lawsuit is successful, your lawyer might be able to obtain compensation to cover medical expenses including future treatment costs, adaptive devices, as well as physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the injury to the brachial nerve in your child. This could include medical records, witness statements, as well as expert testimony. Once your lawyer has collected the evidence, he or she will start a lawsuit against defendants. These are usually the medical professionals that have delivered your child. The defendants will then be given a specified amount of time to reply to the lawsuit, and during this discovery stage each side will gather additional evidence to prove their claims.

Most lawsuits are settled outside of court instead of going to trial as it is more cost-effective for all parties involved. However, if your attorney is confident they can win in court, they could decide to pursue the case all the way to the verdict of a jury. A successful verdict in an injury lawsuit for birth can give families a sense justice and help raise awareness to prevent these types of injuries from occurring in the future. If the verdict you receive is not favorable, you can appeal. While this process can take more time however, it could also increase the amount of the compensation you receive.