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Erb's Palsy Litigation
Legal action after the injury to your child's brachial plexus may aid you and your family to find closure. The process of litigation can be complicated and requires an experienced lawyer.
A successful lawsuit may award your family compensation for child's medical bills as well as future treatment. Learn more about the Erb’s palsy lawsuit process.
The Legal Process
The most common reason families start an erb's palsy lawyers Palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded will depend 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 settle out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This could cut down the legal process dramatically and spare your family from having a judge or jury decide the case. If your family members are unable to reach a settlement and you are unable to reach a settlement, you must go to the court. This can take a significant amount of time, but can also result in a larger settlement.
The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head, or shoulders or on the arms can cause nerve damage, resulting in erb's palsy attorney Palsy. In many cases, this injury can be prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also seek to increase awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families obtain an equitable financial settlement that helped their child's future.
Mediation or Arbitration
If your child sustained an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's palsy settlement could help you pay for his or her treatment. This can include surgery, therapy as well as assistive devices and treatment.
Many lawsuits settle outside of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will likely seek a settlement prior to when the trial starts.
If you're unable to come to a deal the case will go to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. The hearing may be more informal than a trial, however it's important to present witnesses and evidence in the proceedings.
You will also need copies of all legal documents and witnesses to present at the hearing. You can invite your witnesses to the hearing or give statements via videoconferencing. Subpoenas must be sent in advance to all witnesses so they are aware of the requirement to attend the hearing. You must also keep the numbers of your witnesses and addresses on file in case you need to contact them as an upcoming witness.
Complaints in Court
Many children who suffer from Erb's palsy can overcome their physical limitations by intensive daily physical therapy. Some children will need surgery to repair the torn nerve fibers. However, a substantial proportion of children are not able to recover in any way and Erb's palsy lawsuits will be left with the handicaps of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair amount of compensation.
Your lawyer will work with doctors that specialize in treating this condition. They will create an estimated cost of living for life estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and investigate whether the doctor responsible for the birth of your child had prior experience with similar malpractice cases.
When your lawyer is aware of the injuries suffered by your child then she will make a claim against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal argument because it allows you to construct your case. Settlements can take as long as one year.
Settlement
If your lawsuit against Erb's Palsy is a success your lawyer could be able to get compensation to pay for medical expenses as well as future treatment costs. adaptive devices, as well as physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.
Your lawyer will require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This could include medical records and witness statements as well as expert testimony. After your lawyer has gathered the evidence, they'll bring the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants will then be given a specified amount of time in which to respond to the suit, and during this discovery stage both sides will collect more evidence to support their assertions.
Most lawsuits are settled out of court instead of going to trial since it is cheaper for everyone involved. If however, your attorney believes that they can win in court, they could decide to pursue the case to a jury verdict. A successful verdict could give families a sense justice and help educate people about how to prevent future birth injuries. If your verdict is not favorable to you then you may appeal the decision. Although this process may take longer but it also can increase the amount of compensation you receive.
