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Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family find closure. The litigation process can be complex and requires an experienced lawyer.

A successful lawsuit may award your family compensation for child's medical bills and any future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

Families file Erb's Psy lawsuits to obtain compensation for medical expenses and other expenses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular situation. It could easily amount to millions of dollars.

Many of Erb's palsy lawsuits have been resolved outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This could cut down the legal process dramatically and keep your family from having a judge or jury decide on their case. If, however, your family is unable to reach a settlement you will have to go to trial. This could take a long amount of time, but can also result in a larger award.

The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head, shoulders or arms during labor and deliverysuch as when doctors employ forceps or vacuum extractors in excess -- can damage these nerves and cause Erb's palsy. This injury is often preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to raise awareness of the birth injury that could have been avoided. In the past these lawsuits have helped families secure an appropriate financial settlement to get their child's life back on path.

Mediation or Arbitration

If your child sustained a brachial plexus injury during the womb as a result of medical negligence, an Erb's Palsy settlement could help you to pay for the care. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits are settled out of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will likely seek an agreement before the trial begins.

If you are unable come to a deal the case will be taken to arbitration. A neutral third party will hear both sides and decide who will win the case. This type of hearing is more informal than a court case, but it is essential to present witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to be present at the hearing. You can have witnesses attend the hearing in person, or they can give their testimony through video conferencing. You must ensure that all of your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas before the hearing. Keep your witnesses' phone numbers and addresses on file in case you need to contact them as a future witness.

Complaint in Court





Many children suffering from Erb's Palsy can overcome their physical limitations with regular physical therapy. Some may require surgery to repair torn or separated nerve fibers. However, a significant proportion of children don't recover in any significant way and will have to live with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

To establish the value of your case your lawyer will collaborate with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. erb's palsy law firm chattanooga helps determine how much you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor who performed the birth of your child had an history of similar malpractice cases.

When your lawyer has a good understanding of your child's injuries, she will file your lawsuit against the defendants. Both parties will be involved in the discovery phase which involves exchanging evidence such as expert opinions, depositions medical records and more. This is a crucial part of the legal process because it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

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

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial plexus in your child. This may include medical records and witness statements as well as expert testimony. After your lawyer has gathered the evidence, he will make a claim against the defendants. They are typically the medical professionals who have delivered your child. The defendants are then given a set time frame to respond. In the discovery phase the parties will gather evidence to support its claims.

Most lawsuits settle out of court rather than go to trial, because it's more cost-effective for the parties involved. If your lawyer believes that they can win in court, they could decide to pursue the case all the way to a verdict by a jury. A successful verdict can give families a sense justice and help educate people about how to prevent future birth injuries. If your verdict isn't favorable, you can appeal. While this process can take longer, it can also increase the amount of the compensation you receive.