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Erb's Palsy Litigation

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

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

The Legal Process

Families file Erb's Palsy lawsuits to recover reimbursement for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on your child's specific case and the severity of their injuries but can easily soar into the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This can shorten the legal process considerably and spare your family from having a judge or jury decide on their case. However, if the family members cannot reach the terms of settlement, you'll need to go to trial. This can also take a long time but it can also potentially result in a bigger award.

The brachial area is a group of nerves which control movement in the arm. When you are pregnant, excessive forceful pulling of the neck, head or shoulders, or on the arms can damage these nerves, causing Erb's Palsy. This type of injury is usually preventable. Families file lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to create awareness of this birth injury which could have been prevented. In the past these lawsuits have helped families obtain an equitable financial settlement and help their child get back on course.

Arbitration or Mediation

If your child was injured by an injury to the brachial nerve during birth due to medical negligence, an Erb's palsy settlement can help you pay for their treatment. This can include surgery, therapy, assistive devices and treatment.

Many lawsuits settle without court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement before the trial starts.

If you are not able to reach an agreement, your case will be referred to arbitration. A neutral third party will hear both sides and determine who wins the case. This kind of hearing could be more informal than a trial, however it's important to present physical evidence and witnesses for the hearing.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can have witnesses attend the hearing in person or they can give their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses so that they are aware the requirement to be present at the hearing. Additionally, you should keep your witnesses' addresses and phone numbers on file in case they're called as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's Palsy are able to overcome physical limitations by intensive daily physical therapy. Some children will require surgery to repair the torn nerve fibers. A significant number of children do not recover and are forced to live with the consequences of this birth injury. Parents who believe their child's erb's palsy law firms paralysis was the result of negligence in the delivery process have the right to seek an appropriate amount of compensation for their child's injuries.

To determine the value of your case Your lawyer will work with doctors who specialize in treating these ailments to come up with a lifetime cost-of living estimate. This is used to determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also help you obtain copies of the medical records for your child and investigate whether the doctor responsible for the birth of your child had prior experience with similar malpractice cases.

When your lawyer has a solid understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will go through the discovery process that involves exchanging evidence like expert opinions, depositions and medical documents and more. This is an important part of your legal case because it allows you to develop your case. Settlements can last for up to one year.

Settlement

If your erb's palsy lawyers palsy lawsuit is successful the lawyer may be able to obtain compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices, as well as physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial area in your child. This could include medical records, witness statements as well expert testimony. Once your lawyer has collected the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals that provided your child with. The defendants will be given a specific amount of time to reply to the lawsuit. during this discovery phase each side will gather more evidence to support their assertions.

Most lawsuits are settled out of court rather than going to trial since it is cost-effective for all parties involved. However, if your attorney is confident they can win in court, they might decide to take the case to a jury verdict. A successful verdict could give families a sense of justice and help educate people about ways to avoid future birth injuries. If, however, your verdict is not in your favor You can appeal the decision. Although this process may take more time however, it could also increase the amount of compensation you receive.