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erb's palsy lawyers Palsy Litigation

Legal action after the injury to your child's brachial plexus 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 child's medical bills and any future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to recover reimbursement for medical expenses and other expenses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This can significantly speed up the legal process and save your family from having to go before the jury or judge. If your family cannot agree on the terms of settlement, you'll need to go to trial. This can take a significant amount of time, but can also result in a larger settlement.

The brachial area is a group of nerves which control movement in the arm. During labor and delivery, 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. The injury is often preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also seek to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits have helped families obtain an affordable financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured during the womb because of medical negligence, and suffered from brachial sprains, an Erb's Palsy settlement could help you to pay for their medical treatment. This could include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a court might overturn a decision made by a jury. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement before the trial gets underway.

If you are not able to reach an agreement, the case will be sent to arbitration. A neutral third party will consider both sides and decide who will win the case. This type of hearing can be more informal than a trial, but it's important to present witnesses and evidence for the hearing.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. Witnesses may be required to attend the hearing in person, or you can provide their statements through video conference. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas ahead of time. Additionally, you must have their addresses and phone numbers in case in case they are required to appear to testify in the future.

Complaints in the Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations through daily physical therapy. Some may require surgery to repair torn or separated nerve fibers. A large number of children are not able to recover and will have to live suffering the effects of this birth injury. Parents who believe their child's Erb's paralysis was due to medical negligence during the delivery procedure have the right to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with specialists in treating this condition. They will create a lifetime cost of living estimate. This helps determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also assist you get copies of your child’s medical records, and also determine whether the doctor who delivered your child's diagnosis had a prior experience of malpractice.

When your lawyer has a good understanding of your child's injuries after which 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 a vital part of your legal action because it gives both sides the chance to present their case. Settlements can take as long as one year.

Settlement

If your Erb's Palsy lawsuit is a success, your lawyer might be able to secure compensation to cover medical expenses including future treatment costs, adaptive devices along with physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial nerve in your child. This could include medical records as well as witness statements as well as expert testimony. Once your lawyer has gathered the evidence, he will make a claim against the defendants. These are usually the medical professionals that gave your child. The defendants are then given a set amount of time to reply. During this discovery phase each side will collect evidence to back up their claims.

Most lawsuits are settled outside of court, rather than going to trial due to the fact that it is more cost-effective for everyone involved. However, if your attorney is confident they can win in court, they might choose to take the case all the way to an appeals court verdict. A successful verdict could bring families a sense that justice has been done and help spread awareness about ways to avoid future birth injuries. If your verdict is not favorable you may appeal. Although this process may take more time, it can also increase the amount of compensation you receive.