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Erb's Palsy Litigation

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

If you win your lawsuit, your family could receive compensation for the medical expenses of your child and future treatment. Find out more about the erb's palsy law firm palsy litigation procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical expenses and other expenses. The amount of money that is awarded in a settlement depends on your child's specific case and the severity of their injuries but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can shorten the legal process by a significant amount and save your family from having a judge or jury decide the case. If your family members are unable to agree on a settlement the family will have to appear in court. This can also take a long time but it can also potentially result in a higher award.

The brachial area is a group of nerves that regulate movement in the arm. During labor and delivery excessive forceful pulling of the head, neck or shoulders or on arms, could cause nerve damage, resulting in Erb's palsy. The injury is often preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families receive an equitable settlement in order to ensure their child's future.

Mediation or Arbitration

If your child was injured during the womb due to medical negligence, and suffered from brachial palsy, anErb's Palsy settlement can help you to pay for their medical treatment. This can include therapy, surgery as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will most likely seek to negotiate a settlement prior to the trial beginning.

If you are not able to reach an agreement, your case will go to arbitration. This means that a neutral third party will listen to both sides and decide who wins the lawsuit. The hearing may be more informal than a trial, but it's important to present physical evidence and witnesses for the proceedings.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. You can have witnesses present at the hearing in person, or they can give their testimony through video conferencing. You must ensure that all your witnesses are aware they are required to attend the hearing by submitting subpoenas ahead of time. In addition, you must have your witnesses' addresses and contact numbers on file in case they're called to testify in the future.

Complaint in Court

Many children suffering from erb's palsy attorney Palsy can overcome physical limitations through regular physical therapy. Some children require surgery to repair the torn nerve fibers. However, a large percentage of children do not recover to a significant degree and must live with the effects of this birth injury for the rest of their life. Parents who believe that their child's Erb's syndrome was due to negligence in the delivery procedure have the right to claim an appropriate amount of compensation for their child's injuries.

Your lawyer will work with specialists in treating this condition to develop a lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also help you get copies of the medical records for your child and investigate whether the doctor who performed the birth of your child had prior experience with similar malpractice cases.

Once your lawyer has a good knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal proceeding because it allows both sides to construct their arguments. Settlements can take up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation to cover medical expenses and future costs for treatment including adaptive devices and 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 negligence caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well as expert testimony. Once your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants will then be given a certain amount of time in which to respond to the suit, and during this discovery stage each side will gather additional evidence to support their claims.

Most lawsuits are settled outside of court rather than go to trial because it's cost-effective for all parties involved. If your lawyer is confident that they will prevail in court, they might decide to take the case to a jury verdict. A successful verdict will provide families with a sense of justice and raise awareness about how to avoid any future birth injuries. However, if your verdict is not favorable to you, you can appeal the decision. This could take a bit longer, but can increase the amount you receive.