Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could help you and your family to find closure. The litigation process can be complicated and requires an experienced lawyer.

If you win your lawsuit, your family will be awarded compensation for the medical expenses of your child and future treatment. Learn more about the Erb's Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical costs and other losses. The amount of money that is awarded in a settlement depends on 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 erb's palsy lawsuits (Kbphone.co.kr) are settled out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This could speed up the legal process dramatically and prevent your family from having a judge or jury decide their case. If your family is unable to reach a settlement the family will have to appear in court. It can take a long time however, it could result in a larger award.

The brachial nerves control the movement of the arm. Forcing the head, neck, shoulders or arms during labor and birthsuch as when doctors employ forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. In many cases, this injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also wish to raise awareness of this birth injury which could have been avoided. In the past the lawsuits have helped families get an affordable financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child was injured by an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's palsy settlement could help you pay for their care. This may include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a court could invalidate a verdict handed down by jurors. Your lawyer and hospital attorneys will most likely attempt to reach an agreement before the trial starts.

If you are unable to come to a deal your case will be sent to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. The hearing may be more informal than a trial, but it's crucial to present witnesses and evidence to the hearing.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can either witness your witnesses attend the hearing or submit their statements via videoconferencing. You must ensure that all witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. Additionally, you must have their addresses and telephone numbers on file in case they are required to appear as a witness in the future.

Complaints in Court

Many children who suffer from Erb's Palsy can overcome physical limitations through daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a large percentage of children are not able to recover in any way and Erb's palsy lawsuits will have to live with the limitations of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair amount of compensation.

Your lawyer will work with specialists in treating this condition to create an annual cost of living estimate. This is used to determine how much you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also help you get copies of your child’s medical records, and investigate whether or not the doctor who performed surgery on your child had a previous medical malpractice case.

When your lawyer has a good understanding of your child's injuries 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, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of your legal proceeding because it gives both sides the chance to construct their arguments. It can take up an entire year to settle a case.

Settlement

If your erb's palsy lawyer palsy suit is successful, your lawyer might be able get compensation for medical expenses and future treatment costs which include adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer will require evidence to show that malpractice caused the injury to the brachial plexus in your child. This could include medical records, testimony from witnesses as well as expert testimony. Once your lawyer has collected the evidence, Erb's Palsy lawsuits he or she will file a lawsuit against the defendants. These are usually the medical professionals that delivered your child. The defendants are then given a set amount of time to respond. In this phase of discovery each side will gather evidence to back up their claims.

Most lawsuits settle out of court rather than going to trial, since it's cheaper for all parties involved. If your attorney is convinced that they'll win the case at trial and decides to try to get an appeal to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and help raise awareness in order to prevent these types of injuries from happening again in the future. If, however, your verdict is not favorable to you You can appeal the decision. While this procedure can take more time but it also increases the amount of the compensation you receive.