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Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family to find closure. The process of suing can be complicated and requires an experienced lawyer.

If you win your lawsuit, your family may receive compensation for the medical expenses of your child and future treatment. Find out more about the erb's palsy law firm palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the specific situation of your child and the severity of their injuries but it can easily go into the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and defendant will work together to find a settlement that is acceptable to both parties. This can drastically reduce the legal process and avoid your family from having to face jurors or judges. However, if the family cannot agree on a settlement you will have to go to trial. This can take a long time but it can also potentially result in a higher amount.

The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling of the head, neck or shoulders, or on arms, could result in damage to these nerves and cause Erb's Palsy. This type of injury is usually preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also wish to raise awareness about the birth injury that could have been prevented. In the past these lawsuits have helped families get an affordable financial settlement and help their child get back on course.

Arbitration or Mediation

If your child has suffered a brachial plexus injury during pregnancy due to medical negligence, an Erb's palsy settlement can help pay for his or her care. This could include therapy, treatment, assistive devices, and operations.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a court might overturn a decision made by the jury. Your lawyer and the hospital's lawyers will likely attempt to reach a settlement before the trial gets underway.

If you fail to reach an agreement, the case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. The hearing may be more informal than a trial, but it's important to present witnesses and evidence to the hearing.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to present at the hearing in person, or you can present their testimony through video conference. You must ensure that all of your witnesses are aware they will be required to appear at the hearing by submitting subpoenas ahead of time. Additionally, you must keep your witnesses' addresses and phone numbers in case in case they are required to appear as a witness in the future.

Complaint to the Court

Many children who suffer from Erb's Palsy can overcome physical limitations through daily physical therapy. Some will require surgery to repair damaged or separated nerve fibers. A significant number of children are never able to recover and must continue to live with the effects of this birth injury. Parents who believe that their Erb's palsy in their child was due to negligence by a medical professional during the birth process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors who are experts in treating this condition. They will create a lifetime cost of living estimate. This is used to determine how much you're entitled to from the Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records, and look into whether the doctor who performed surgery on your child had a previous experience of malpractice.

If your lawyer has a clear understanding of the injuries of your child then she will start a lawsuit against defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal argument because it helps you build your arguments. Settlements can last up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer could be able to secure compensation that covers medical expenses and future costs for treatment such as adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well expert testimony. After your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants are then given a certain time frame to respond. During this discovery phase, each side will gather evidence to prove its case.

Most lawsuits settle out of court rather than go to trial, since it's more cost-effective for all parties involved. If your attorney is convinced that they can win the case in court they may decide to pursue it to the jury for a verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and raise awareness and prevent these types of injuries from happening again in the future. If, however, your verdict is not favorable to you, you can appeal the decision. While this procedure can take longer but it also can increase the amount of compensation you receive.