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Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family members find closure. The process of litigation is complex and requires an experienced lawyer.

A successful lawsuit could grant your family compensation for your child's medical bills and future treatment. Learn more about the Wilmington Erb's Palsy Lawsuit syndrome lawsuit process.

The Legal Process

Families file Erb's Psy lawsuits to get reimbursement for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the particular situation of your child as well as the severity of their injuries, but it can easily go into the thousands of dollars.

Many lincolnshire erb's palsy attorney Palsy lawsuits have been settled without court. Lawyers representing the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically reduce the legal process and save your family from having to go before the jury or judge. If your family is not able to agree on a settlement, you will need to go to the court. This can take a long time but it can also potentially result in a bigger award.

The brachial nerves control the movement of the arm. During labor and birth, excessive forceful pulling of the neck, head or shoulders, or on arms, could damage these nerves, causing Erb's palsy. This injury is often prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also wish to spread awareness about this birth injury that could have been avoided. In the past these lawsuits have allowed families to obtain a fair financial settlement and help their child get back on course.

Arbitration or Mediation

If your child was injured while in the womb because of medical negligence and was later diagnosed with brachial palsy, an hazlehurst erb's palsy law firm Palsy settlement could help you to pay for their medical treatment. This may include treatment, therapy as well as assistive devices and procedures.

Many lawsuits settle without court. This lets plaintiffs receive compensation faster and avoids the possibility that a court might overturn a decision made by jurors. Your lawyer and hospital attorneys will most likely try to come to an agreement prior to the trial beginning.

If you are unable reach a settlement the case will go to arbitration. This means that an impartial third party will take in both sides and decide who wins the case. This type of hearing is more informal than a court trial, but it is important to provide witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. You can have witnesses attend the hearing in person, or you can submit their statements through video conferencing. Subpoenas must be issued in advance to all witnesses to ensure 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 an upcoming witness.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some children may require surgery to repair the torn nerve fibers. A large number of children will never recover and have to live suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to fair compensation.

Your lawyer will work with doctors who are experts in treating this condition to develop an estimated cost of living for life estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer can also help to obtain copies of your child’s medical records, and also determine whether or not the doctor who delivered your child's diagnosis had a prior history of malpractice cases.

If your lawyer has a clear understanding of the harms your child has suffered, she will bring a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal case because it allows you to build your arguments. It can take up an entire year to settle a case.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able get compensation for medical costs and future treatment costs which include adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer must collect evidence to prove the negligence that caused your child's brachial plexus injury that could include medical documents, witness statements and expert testimony. Once your lawyer has gathered this evidence, they will bring the lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants will then be given a specified time frame to respond. In this discovery phase each side will collect evidence to support its claims.

Most lawsuits are settled out of court rather than go to trial, because it's cost-effective for all parties involved. If your attorney is confident that they'll win the case at trial it could be decided to try to get a jury verdict. A successful verdict can provide families with a sense of justice and help spread awareness about how to avoid any future birth injuries. If the verdict you receive is not favorable you can appeal. The process could take longer, but it can increase the amount you are awarded.