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Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial injury can bring you and your family closure. However, the litigation process is a bit complicated and requires skilled legal representation.

If you win your lawsuit, your family can be awarded compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

Families file erb's palsy law firm Psy lawsuits to obtain reimbursement for medical expenses and other losses. The amount of money offered in a settlement will depend on the specific situation of your child and the severity of their injuries but it can easily go into the millions of dollars.

Many erb's palsy law firms palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and the defendant will collaborate to reach an agreement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from having to appear before jurors or judges. If, however, your family members cannot reach a settlement you will have to go to trial. This could take a long time however, it could result in a bigger award.

The brachial area is a group of nerves that regulate movement in the arm. When you are pregnant excessive forceful pulling of the neck, head or shoulders, or on the arms, can result in damage to these nerves and cause Erb's palsy. This condition is usually preventable. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also want to create awareness about this birth injury which could have been avoided. In the past the lawsuits have allowed families to obtain an affordable financial settlement and help their child get back on the right track.

Arbitration or Mediation

If your child suffered an injury to the brachial area during pregnancy due to medical negligence, an Erb's Palsy settlement can help pay for their care. This may include treatment, therapy devices, assistive devices, and operations.

Many lawsuits are settled outside of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will likely attempt to reach an agreement prior to the trial gets underway.

If you are unable settle your dispute the case will go to arbitration. A neutral third party will consider both sides and decide who will win the case. This kind of hearing could be more informal than a trial, however it is crucial to present witnesses and evidence to the proceedings.

You will also need copies of all legal documents and witnesses to appear at the hearing. You can have witnesses present at the hearing in person, or you can present their testimony through video conference. Subpoenas must be issued in advance to all witnesses so they are aware of the requirement that they attend the hearing. Also, keep your witnesses' numbers and addresses on file in case you need to call them as witnesses in the future.

Complaints in the Court

Many children suffering from erb's palsy law firms Palsy are able to overcome physical limitations by regular physical therapy. Some will require surgery to repair sprained or damaged nerve fibers. However, a significant number of children don't recover in any way and will be forced to live with the 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 malpractice during the delivery process are entitled to a fair amount of compensation.

Your lawyer will collaborate with doctors that specialize in treating this condition to develop an annual cost of living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records and determine whether the doctor who gave you your child's diagnosis had a prior history of malpractice cases.

When your lawyer is aware of the harms your child has suffered and the child's injuries, she will bring a lawsuit against the defendants. Both parties will go through the discovery process that involves exchanging evidence, including expert opinions, depositions, medical records and more. This is a vital part of the legal process since it allows both sides to construct their arguments. Settlements can take as long as one year.

Settlement

If your Erb's palsy suit is successful, your lawyer may be able to get compensation for medical expenses and future treatment costs, including adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer must gather evidence to prove error that caused the brachial plexus injuries to your child, which could include medical documents, witness statements and expert testimony. Once your attorney has gathered the evidence, they will bring the lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants will then be given a specified period of time to respond to the lawsuit. during the discovery phase, both sides will gather more evidence to support their assertions.

Most lawsuits are settled out of court instead of going to trial because it's more cost-effective for all parties involved. If however, your attorney is confident they can win at trial, they may choose to take the case all the way to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice and can help increase awareness to prevent these kinds of injuries from happening in the future. If the verdict isn't favorable, you can appeal. While this procedure can take longer however, it could also increase the amount of the amount you are awarded.