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Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could aid you and your family to find closure. The process of litigation can be complex and requires an experienced lawyer.

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

The Legal Process

The most popular reason for families to start an Erb's Palsy lawsuit is to seek 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 could easily reach millions of dollars.

Many of the lawsuits involving Erb's Psy have been settled out of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that pleases both parties. This could cut down the legal process considerably and prevent your family from having a judge or jury decide their case. However, if your family cannot agree on the terms of settlement, you'll need to go to trial. This can also take a long time but it could also result in a larger award.

The brachial plexus is a group of nerves that control movement in the arm. Forcing the neck, head arms or shoulders during labor and deliveryfor example, when doctors make use of forceps or vacuum extractors excessively -- can damage 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 the injuries that they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past these lawsuits have helped families obtain a fair settlement in order to ensure their child's future.

Arbitration or Mediation





If your child was injured during the womb because of medical negligence and was later diagnosed with brachial palsy, an Erb's Palsy settlement can help you pay for their care. This could include therapy, treatment devices, assistive devices, and procedures.

Many lawsuits settle out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and hospital's attorneys are likely to seek an agreement prior to the trial starts.

If you are unable to reach an agreement, your case will be sent to arbitration. erb's palsy attorneys anaheim means that a neutral third party will take in both sides and decide who wins the case. This type of hearing is more informal than a court trial however, it is crucial to present witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. Witnesses may be required to present at the hearing in person or you can submit their statements via video conference. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas in advance. In addition, you must have your witnesses' addresses and phone numbers in case in the event that they are needed as witnesses in the future.

A complaint to the court

Many children suffering from Erb's syndrome can overcome physical limitations through daily physical therapy. Some children require surgery to repair the torn nerve fibers. However, a substantial proportion of children are not able to recover to a significant degree and will be left with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb's syndrome was the result of medical negligence during the birth 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 help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child's medical records, and look into whether the doctor who gave you your child had a previous medical malpractice case.

Once your lawyer understands the injuries suffered by your child then she will start a lawsuit against defendants. Both parties will undergo the discovery phase that involves exchanging evidence like expert opinions, depositions, medical records, and more. This is a crucial aspect of your legal proceedings since it allows both sides to construct their arguments. It can take up to one year to negotiate a settlement.

Settlement

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

Your lawyer will need evidence to prove that negligence caused the brachial plexus injury 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 file the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are given a specified period of time to respond to the suit, and during the discovery phase both sides will gather additional evidence to prove their assertions.

Most lawsuits are settled outside of court, rather than going to trial as it is more cost-effective for everyone involved. If your lawyer is confident they can win at trial, they may choose to take the case to the verdict of a jury. A successful verdict will bring families a sense that justice has been done and increase awareness of how to prevent future birth injuries. If your verdict is not in your favor You can appeal the decision. While this procedure can take longer but it also can increase the amount of the compensation you receive.