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Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may help you and your family find closure. However, the litigation process is complex and requires skilled legal representation.

A successful lawsuit could award your family compensation for your child's medical expenses and future treatment. Learn more about the Erb's-Palsy lawsuit process.

The Legal Process

The most popular reason families bring an Erb's palsy suit is to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement will depend on the particular situation of your child as well as the extent of their injuries, but can easily soar into the thousands of dollars.

Many of the Erb's Palsy lawsuits settle out of court. The lawyers of both the plaintiff and the defendant will collaborate to negotiate a settlement that is acceptable to both parties. This could cut down the legal process considerably and save your family from having a judge or jury decide on their case. If your family members are unable to reach an agreement on a settlement and you are unable to reach a settlement, you must go to the court. This can take a long time however, it could result in a higher award.

The brachial nerves regulate the movement of the arm. During labor and birth, excessive forceful pulling of the neck, head, shoulders or on arms, could result in damage to these nerves and cause 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 lawsuit the harms they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits have allowed families to obtain an affordable 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 area during birth due to medical negligence, an Erb's palsy settlement can help pay for their care. This can include surgeries, therapy, assistive devices and treatment.

Many lawsuits settle outside of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will likely try to reach an agreement before the trial begins.

If you are unable come to a deal your case will be sent to arbitration. This means that a neutral third party will listen to both sides and determine who will win the case. This hearing is more informal than a court case, but it is important to present 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 can either invite your witnesses to attend the hearing or lawsuit submit their testimony via video conferencing. You must ensure that all of your witnesses are aware they are required to attend the hearing by submitting subpoenas in advance. Additionally, you must keep your witnesses' addresses and telephone numbers on file in case they're called as witnesses in the future.

Complaints in Court

Many children with lake forest erb's palsy lawsuit Palsy are able to overcome physical limitations by intense daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. However, a significant proportion of children don't recover in any way and will have to live with the effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair amount of compensation.

To determine the worth of your case the lawyer will work with doctors who specialize in treating these conditions to develop a life-long cost-of-living estimate. This is used to determine how much you're entitled to from your settlement for Erb's Palsy. Your lawyer can also help to obtain copies of your child's medical records, and look into whether or not the doctor who treated your child had a previous record of malpractice cases.

If your lawyer has a solid knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will undergo the discovery phase, which includes exchanging evidence such as expert opinions, depositions, additional medical records and more. This is a vital part of the legal process because it gives both sides the chance to develop their arguments. Settlements can last for up to one year.

Settlement

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

Your lawyer will require 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 will bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will then be given a certain amount of time in which to respond to the lawsuit, and during the discovery phase, both sides will gather more evidence to support their assertions.

Most lawsuits are settled out of court rather than going to trial, as it's more cost-effective for all parties involved. If your attorney is confident that they can win the case at trial it could be decided to go to an appeal to a jury verdict. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and raise awareness and prevent these types of injuries from occurring in the future. However, if the verdict is not favorable to you it is possible to appeal the decision. This could take a bit longer, but it can increase the amount you receive.