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Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could aid you and your family members find closure. However, the process of litigation is complicated and requires experienced legal representation.

A successful lawsuit could grant your family compensation for your child's medical bills and future treatment. Read on to learn more about the Erb's-Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to get the cost of medical treatment and other losses. The amount of money awarded in a settlement depends on the particular case of your child and the extent of their injuries, however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers representing both the plaintiff and the defendant will collaborate to negotiate an agreement that is acceptable to both parties. This can significantly shorten the legal process and save your family from facing a judge or jury. If your family is unable reach an agreement on a settlement then you'll need to go to court. This can take a lot of time, but could also result in a bigger amount.

The brachial plexus is a set of nerves that control movement within the arm. Forceful pulling on the head, neck, arms or shoulders during labor and birthlike when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to create awareness of this birth injury that could have been avoided. In the past these lawsuits allowed families to obtain a fair financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child suffered an injury to the brachial plexus during pregnancy due to medical negligence, an erb's palsy lawyers settlement can help pay for their treatment. This could include surgery, therapy, assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court might overturn a decision made by jurors. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement before the trial starts.

If you cannot reach an agreement, the case will be sent to arbitration. This means that a neutral third party will hear both sides and Erb's Palsy lawsuits determine who will win the case. This hearing is more informal than a court trial however, it is crucial to present witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. Witnesses are able to attend the hearing in person, or you can provide their statements via video conference. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. You must also keep the numbers of your witnesses and addresses in the file in case you need to call them as witnesses in the future.

Complaint in Court

Many children suffering from Erb's palsy can overcome physical limitations with intense physical therapy every day. Some may require surgery to repair damaged or separated nerve fibers. However, a large percentage of children are not able to recover to a significant degree and must live with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to fair compensation.

To determine the worth of your case your lawyer will collaborate with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This determines the amount you are entitled to receive from your settlement for Erb's Palsy. 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 prior experience with similar malpractice cases.

When your lawyer is aware of the injuries of your child she will bring a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal proceeding because it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to obtain compensation that covers medical expenses and future costs for treatment, including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer must gather evidence to prove malpractice that caused the brachial plexus injuries to your child that could include medical documents, Erb's palsy lawsuits witness statements and expert testimony. Once your lawyer has gathered the evidence, he will start a lawsuit against defendants. These are usually the medical professionals that gave your child. The defendants will then be given a specified amount of time to respond. In this phase of discovery each side will gather evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial as it is more cost-effective for all parties involved. However, if your attorney is confident that they will prevail in court, they could decide to pursue the case all the way to the verdict of a jury. A successful verdict in an injury lawsuit for birth can bring families a sense of justice, and also help to raise awareness and prevent these types of injuries from happening in the future. If your verdict is not in your favor, you can appeal the decision. Although this process may take more time but it also increases the amount of the amount you are awarded.