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Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family find closure. However, the litigation process is complex and requires expert legal representation.

A successful lawsuit can 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 palsy law firms Palsy lawsuits to get the cost of medical treatment 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 cases involving Erb's palsy settle without court. The lawyers representing both the plaintiff and defendant will come together to negotiate an agreement that is acceptable to both parties. This could speed up the legal process by a significant amount and spare your family from having a jury or judge decide the case. If your family is unable agree on a settlement and you are unable to reach a settlement, you must appear in court. This can take a long time, but it can also potentially result in a bigger award.

The brachial plexus is a group of nerves that regulate movement within the arm. During labor and birth, excessive forceful pulling of the neck, head, shoulders, or on the arms, can result in damage to these nerves and cause Erb's Palsy. The injury is often avoidable. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness about this birth injury that could have been prevented. In the past, these lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child has suffered an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's palsy settlement can help you to pay for the treatment. This could include surgeries, therapy, assistive devices and treatment.

Many lawsuits settle out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a judge could invalidate a verdict handed down by the jury. Your lawyer and the hospital's lawyers will probably try to come to an agreement prior to the trial beginning.

If you are unable to come to a deal the case will be taken to arbitration. This means that an impartial third party will be able to hear both sides and determine who will win the lawsuit. This kind of hearing could be more informal than a trial, however it is important to provide witnesses and evidence to the proceedings.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to present at the hearing in person, or you can submit their statements via video conferencing. Subpoenas must be issued in advance to all witnesses to ensure they are aware of the requirement to attend the hearing. Additionally, you should have their addresses and phone numbers on file in case they are called to testify in the future.

Complaints in Court

Many children who suffer from erb's palsy law firms syndrome can overcome physical limitations with intense physical therapy every day. Some children will require surgery to repair damaged nerve fibers. A large percentage of children are not able to recover and will have to live with the consequences of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to fair compensation.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create the lifetime cost of living estimate. This helps determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer will also help you get copies of the medical records for your child and determine if the doctor who was involved in the birth of your child had previous malpractice cases.

If your lawyer has a clear understanding of the injuries of your child she will file a lawsuit against the defendants. Both sides will 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 case because it allows you to construct your case. Settlements can last up to one year.

Settlement

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

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial area in your child. This could include medical records and witness statements, as well as expert testimony. Once your attorney has gathered this evidence, they'll bring the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants will then be given a set period of time to respond to the lawsuit, and during this discovery phase both sides will collect additional evidence to back their claims.

Most lawsuits are settled outside of court, rather than going to trial as it is cheaper for all parties involved. If your lawyer is confident that they will prevail in court, they could decide to pursue the case all the way to the verdict of a jury. A successful verdict in an injury lawsuit for birth can give families a sense of justice and help raise awareness and prevent these types of injuries from happening in the future. However, if your verdict is not in your favor it is possible to appeal the decision. While this process could take longer however, it could also increase the amount of the compensation you receive.