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Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial-plexus injury can help bring your family and you closure. The litigation process can be complex and requires an experienced lawyer.

If you win your lawsuit, your family will be awarded compensation for the medical bills of your child and future treatment. Find out more about the erb's palsy lawyer syndrome lawsuit process.

The Legal Process

The most frequent reason for families to file an erb's palsy lawyer palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific situation. It can easily reach millions of dollars.

Many of the Erb's Palsy lawsuits settle out of court. The lawyers for both plaintiff and defendant collaborate to reach an acceptable settlement to both parties. This can significantly speed up the legal process and save your family from having to appear before an attorney or a jury. If your family members are unable to agree on a settlement you will have to go to trial. This can take a considerable amount of time, but it could also result in a larger amount.

The brachial plexus is a group of nerves which control movement within the arm. During labor and delivery excessive forceful pulling of the neck, head, shoulders, or on the arms can cause nerve damage, resulting in Erb's Palsy. This condition is usually prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness about this birth injury that could have been prevented. In the past, erb's palsy litigation these lawsuits helped families get an affordable financial settlement to help their child's future.

Mediation or Arbitration

If your child suffered an injury to the brachial area during birth due to medical negligence, an erb's palsy lawyer settlement can help you to pay for the treatment. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle without court. This allows plaintiffs to get compensation faster and eliminates the possibility that a judge could invalidate a verdict handed down by the jury. Your lawyer and the hospital's attorneys will likely seek to negotiate a settlement before the trial begins.

If you are unable reach a settlement the case will go to arbitration. This means that a neutral third party will take in both sides and determine who wins the lawsuit. This hearing is more informal than a court case, but it is important to have witnesses present and physical evidence.

You also need to 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 through video conferencing. You must ensure that all your witnesses are aware that they must attend the hearing by submitting subpoenas before the hearing. Keep the names of witnesses' telephone numbers and addresses on file in case you need to call them as a future witness.

Complaints in the Court

Many children who suffer from Erb's Palsy can overcome physical limitations with daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a large percentage 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 lives. 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 work with doctors who specialize in treating this condition to create an annual cost of living estimate. This will help you determine the amount of compensation you are entitled to through your erb's palsy lawyer settlement for palsy. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor involved in the birth of your child had prior experience with similar malpractice cases.

When your lawyer is aware of the harms your child has suffered she will make a claim against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal proceedings because it gives both sides the chance to present their case. Settlements can take up to one year.

Settlement

If your erb's palsy lawyer palsy suit is successful, your lawyer might be able to secure compensation for medical costs and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial nerve in your child. This may include medical records and witness statements as well as expert testimony. After your lawyer has collected this evidence, they will bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a specific time frame to respond. In this phase of discovery the parties will gather evidence to back up 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 win the case in court it could be decided to take it to the jury for a verdict. A successful verdict could give families a sense justice and increase awareness of ways to avoid future birth injuries. If your verdict is not in your favor then you may appeal the decision. While this procedure can take more time however, it could also increase the amount of the compensation you receive.