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This Story Behind Erb's Palsy Settlement Can Haunt You Forever!
Erb's Palsy Litigation

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

A successful lawsuit can award your family compensation for your child's medical expenses and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's-Palsy lawsuits to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on your child's specific case and the severity of their injuries, however, it can easily rise to the thousands of dollars.

Many of the Erb's Palsy lawsuits are settled out of court. The lawyers for both plaintiff and defendant will come together to negotiate an agreement that is acceptable to both parties. This could cut down the legal process significantly and prevent your family from having a judge or jury decide on their case. If your family is unable to reach a settlement, you will need to go to court. This can take a considerable amount of time, but it could also result in a bigger amount.

The brachial plexus is a set of nerves which control movement within the arm. Forcing the neck, head, arms, or shoulders during labor and birthfor example, when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. In many instances, the injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about this birth injury which could have been prevented. In the past, these lawsuits have helped families obtain an affordable financial settlement to support their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's settlement can help pay for his or her treatment. This could include therapy, treatment as well as assistive devices and surgeries.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and hospital's lawyers are likely to attempt to reach an agreement before the trial starts.

If you are unable to settle your dispute your case will be sent to arbitration. This means that a neutral third party will take in both sides and determine who will win the lawsuit. This type of hearing is more informal than a court trial however, it is crucial to have witnesses present and physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to witness your witnesses attend the hearing or give statements using video conferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. You must also keep your witnesses' numbers and addresses on file, in case you have to call them as a future witness.

Complaint in Court


Many children suffering from Erb's Palsy can overcome physical limitations with intense physical therapy every day. Some will require surgery to repair sprained or damaged nerve fibers. A significant number of children are not able to recover and will have to live their lives suffering the effects of this birth injury. 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.

To establish the value of your case Your lawyer will work with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This determines the amount you are entitled to receive from the settlement you received for your Erb's syndrome. erb's palsy law firm sunnyvale can also help you obtain copies of your child’s medical records and determine whether the doctor who performed surgery on your child's treatment had a previous record of malpractice cases.

Once your lawyer has a good understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal proceeding because it gives both sides the chance to present their case. It can take as long as one year to arrive at a settlement.

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer might be able to get compensation to cover medical expenses, future treatment costs and adaptive devices along with 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 as well as testimony from witnesses as well as expert testimony. Once your lawyer has collected the evidence, they will file a lawsuit against the defendants. They are typically the medical professionals that delivered your child. The defendants are then given a specific amount of time to reply. In this discovery phase each side will gather evidence to support its claims.

Most lawsuits settle out of court rather than going to trial, since it's cheaper for all parties involved. If your lawyer is confident that they can win the case at trial they may decide to take it to the jury for a verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice, and also help to raise awareness to prevent these types of injuries from happening again in the future. However, if your verdict is not in your favor it is possible to appeal the decision. The process could take longer, but it will increase the amount you receive.

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