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Erb's Palsy Litigation

In the aftermath of your child's brachial-plexus injury can help bring you and your family closure. However, the process of litigation is complicated and requires experienced legal representation.

If you win your lawsuit, your family can receive compensation for medical bills of your child and future treatment. Find out more about Erb's palsy lawsuit process.

The Legal Process

Families file lawsuits against Erb's palsy to get the cost of medical treatment and other expenses. The amount of money awarded in a settlement will depend on your child's specific case and the extent of their injuries, but can easily soar into the thousands of dollars.

Many of the Erb's Palsy lawsuits are settled without court. The lawyers for both plaintiff and defendant will come together to negotiate a settlement that is acceptable to both parties. This can drastically cut down on the legal process, and also prevent your family from having to appear before jurors or judges. However, if your family is unable to reach a settlement you will have to go to trial. It can take a long time, but it can also potentially result in a larger award.

The brachial area is a group of nerves that control movement within the arm. Forcing the neck, head arms, or shoulders during labor and delivery -for example, when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise the word about this birth injury which could have been avoided. In the past, these lawsuits have helped families obtain an affordable financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child was injured in the womb due to medical negligence, and suffered from brachial palsy, anErb's settlement for palsy can help pay for their treatment. This could include treatment, therapy, assistive devices, and procedures.

Many lawsuits are settled outside of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge could reverse a verdict given by jurors. Your lawyer and hospital attorneys will most likely attempt to reach an agreement prior to the trial beginning.

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 decide who wins the case. This hearing is more informal than a court trial however it is vital to present witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to present at the hearing. Witnesses are able to present at the hearing in person or they can give their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses to ensure they are aware the requirement that they attend the hearing. Also, keep your witnesses' phone numbers and addresses on file, in case you need to contact them for an upcoming witness.

A complaint to the court

Many children who suffer from the condition Erb's-Palsy can overcome their physical limitations with regular physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a significant proportion of children will not recover to a significant degree and will have to live with the effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

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

Once your lawyer understands the child's injuries, she will bring a lawsuit against the defendants. Both parties will go through the discovery process which includes exchanging evidence like expert opinions, depositions, medical records and more. This is a crucial part of your legal proceedings since it allows both sides to develop their arguments. Settlements can take as long as one year.

Settlement

When your erb's palsy attorneys palsy lawsuit is successful, your lawyer could be able get compensation for medical expenses and future treatment costs including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to gather evidence to prove the malpractice that caused the brachial plexus injury to your child and may include medical documents, witness statements, and expert testimony. Once your attorney has gathered this evidence, they'll bring the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are then given a certain period of time to respond. In the discovery phase, each side will gather evidence to support its claims.

Most lawsuits settle out of court rather than going to trial because it's more cost-effective for the parties involved. If your lawyer believes they will win at trial, they may choose to take the case all the way to a jury verdict. A successful verdict can give families a sense of justice and increase awareness of how to prevent future birth injuries. If the verdict isn't favorable you may appeal. The process could take longer, but can raise the amount you receive.