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Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial plexus injury can help bring you and your family closure. The process of suing can be complex and requires an experienced lawyer.

If you are successful in your lawsuit, your family could receive compensation for medical bills of your child and future treatment. Learn more about the Erb's palsy litigation process.

The Legal Process

Families file lawsuits against Erb's palsy to obtain reimbursement for medical expenses and other losses. The amount of money offered in a settlement will depend on the particular situation of your child as well as the extent of their injuries, however, it can easily rise to the thousands of dollars.

Many of Erb's palsy lawsuits have been settled out of court. The lawyers of both the plaintiff and defendant will come together to negotiate a settlement that is acceptable to both parties. This can speed up the legal process dramatically and save your family from having a jury or judge decide the case. If your family members are unable to come to a deal, you will need to go to court. This could take a long time, but it could also result in a larger award.

The brachial plexus is a group of nerves which control movement in the arm. Forceful pulling on the neck, head arms, or shoulders during labor and deliverysuch as when doctors use forceps or vacuum extractors excessively -- can cause damage to these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness of the birth injury that could have been avoided. In the past these lawsuits have allowed families to obtain an equitable financial settlement and help their child get back on the right track.

Mediation or Arbitration

If your child suffered an injury to the brachial nerve during birth due to medical negligence, an greencastle erb's palsy lawyer Palsy settlement could help you to pay for the treatment. This may include treatment, therapy, assistive devices, and operations.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation more quickly and Vimeo prevents the possibility that a court might overturn a decision made by a jury. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement prior to the trial beginning.

If you fail to reach an agreement, your case will go to arbitration. This means that an impartial third party will take in both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it's important to present physical evidence and witnesses for the proceedings.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You may either witness your witnesses attend the hearing or provide their statements via videoconferencing. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. Additionally, you should have your witnesses' addresses and contact numbers on file in the event that they are needed to testify in the future.

Complaint to the Court

Many children who suffer from Erb's syndrome can overcome physical limitations with regular physical therapy. Some children will need surgery to repair the torn nerve fibers. However, a large percentage of children will not recover to a significant degree and will be left with the limitations of this birth injury for the rest of their lives. Parents who believe that their Erb's palsy in their child was due to negligence in the delivery process have the right seek fair compensation for their child's injuries.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create a lifetime cost of living estimate. This will allow you to 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 involved in the birth of your child had previous malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will be involved in the discovery phase, which includes exchanging evidence including expert opinions, depositions medical documents and more. This is an essential aspect of your legal argument because it allows you to construct your arguments. It can take as long as one year to reach a settlement.

Settlement

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

Your lawyer must collect evidence to prove the mistake that led to your child's brachial-plexus injury that could include medical documents, witness statements, and expert testimony. Once your attorney has gathered this evidence, they will make a claim against the defendants, who are usually the medical professionals who delivered your child. The defendants are then given a specific period of time to respond. During this discovery phase each side will collect evidence to support its claims.

Most lawsuits are settled outside of court rather than go to trial, because it's cheaper for all parties involved. However, Vimeo if your attorney is confident they can win in court, they might decide to pursue the case to a verdict by a jury. A successful verdict will provide families with a sense of justice and raise awareness about how to prevent future birth injuries. However, if the verdict is not in your favor, you can appeal the decision. While this process could take longer but it also increases the amount of compensation you receive.