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erb's palsy attorney Palsy Litigation

Legal action 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.

A successful lawsuit could grant your family compensation for child's medical bills and any future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to seek 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 particular case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can drastically cut down on the legal process, and also prevent your family from having to face a judge or jury. If your family cannot agree on the terms of settlement, you'll need to go to trial. This could take a long time but it can also potentially result in a larger award.

The brachial nerves control the movement of the arm. A forceful pull on the neck, head, arms or shoulders during labor and delivery -for example, when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also seek to increase awareness of the birth injury that could have been avoided. In the past these lawsuits have helped families get an equitable financial settlement and help their child get back on the right track.

Arbitration or Mediation

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

Many lawsuits settle without court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital's lawyers are likely to attempt to negotiate a settlement before the trial gets underway.

If you are unable reach a settlement the case will be taken to arbitration. This means that a neutral third party will take in both sides and decide who wins the lawsuit. This hearing is more informal than a court trial, but it is important to provide witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You may either invite your witnesses to attend the hearing or provide their statements using video conferencing. Subpoenas must be issued in advance to all witnesses in order they are aware the requirement that they attend the hearing. Additionally, you must have your witnesses' addresses and phone numbers in case in case they are required to appear to testify in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations with regular physical therapy. Some children will need surgery to repair damaged nerve fibers. However, a substantial proportion of children do not recover in any way and must live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe their child's Erb's palsy was due to medical negligence during the delivery procedure have the right to claim an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors that specialize in treating this condition to develop the lifetime cost of living estimate. This is used to 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 investigate whether the doctor who was involved in the birth of your child had a history of similar malpractice cases.

Once your lawyer has identified the injuries suffered by your child and the child's injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase which includes exchanging evidence like expert opinions, depositions, additional medical documents and more. This is a crucial part of your legal case because it allows you to develop your arguments. Settlements can last up to one year.

Settlement

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

Your lawyer must collect evidence to prove the error that caused your child's brachial-plexus injury which could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will file a lawsuit against the defendants. These are usually the medical professionals that have delivered your child. The defendants are then given a specific time frame to respond. During this discovery phase, each side will gather evidence to support its claims.

Most lawsuits are settled out of court rather than going to trial, because it's more cost-effective for the parties involved. If your attorney is convinced that they can win the case at trial and decides to pursue it to the jury for a verdict. A successful verdict could give families a sense of justice and increase awareness of how to prevent future birth injuries. If, however, your verdict is not favorable to you then you may appeal the decision. While this process can take more time but it also can increase the amount of compensation you receive.