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Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may help you and your family find closure. The process of litigation is complicated and requires an experienced lawyer.

A successful lawsuit could grant your family members compensation for your child's medical bills as well as future treatment. Learn more about the Erb's-Palsy lawsuit procedure.

The Legal Process

Families file erb's palsy law firm Palsy lawsuits to seek compensation for medical expenses and other expenses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific situation. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant collaborate to reach an agreement that is acceptable to both parties. This can significantly shorten the legal process, and also prevent your family from having to face the jury or judge. However, if the family members cannot reach the terms of settlement, you'll need to go to trial. This could take a long amount of time, but can also result in a bigger award.

The brachial nerves control the movement of the arm. Forceful pulling on the neck, head, arms or shoulders during labor and delivery- such as when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to erb's palsy attorneys palsy. In many cases, this injury can be prevented. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about this birth injury that could have been avoided. In the past the lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child was injured while in the womb as a result of medical negligence, and suffered from brachial palsy, an Erb's Palsy settlement could help you pay for their care. This could include therapy, surgery as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and hospital's lawyers are likely to seek an agreement before the trial begins.

If you cannot reach an agreement, your case will go to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. This type of 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. Witnesses may be required to attend the hearing in person, or you can provide their statements via video conference. Subpoenas should be sent in advance to all witnesses so they are aware the requirement to attend the hearing. Additionally, you should have the addresses of your witnesses and telephone numbers on file in case they are required to appear as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's Palsy can overcome physical limitations through intense physical therapy every day. Some may require surgery to fix torn or separated nerve fibers. A significant number of children are never able to recover and must continue to live their lives suffering the effects of this birth injury. Parents who believe their child's Erb's paralysis was the result of medical negligence during the birth procedure have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

To determine the value of your case, your lawyer will work with specialists in treating these ailments to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor responsible for your child's birth had prior experience with similar malpractice cases.

When your lawyer has a clear knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will go through the discovery phase which involves exchanging evidence including expert opinions, depositions, medical records and more. This is a crucial part of your legal proceeding because it allows both sides to build their arguments. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation that covers medical expenses and future treatment costs including adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will have to collect evidence to prove the error that caused the brachial plexus injuries to your child that could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, he or she will make a claim against the defendants. They are typically the medical professionals that delivered your child. The defendants are then given a set period of time to respond. In this phase of discovery each side will collect evidence to support their claims.

Most lawsuits are settled out of court rather than going to trial, because it's cost-effective for all parties involved. If your attorney is convinced that they can win the case at trial it could be decided to try to get a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and raise awareness in order to prevent these types of injuries from happening again in the future. However, if the verdict is not favorable to you then you may appeal the decision. This process may take longer, but it can increase the amount you are awarded.