erb's palsy attorneys Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can bring your family and you closure. The process of litigation is complicated and requires an experienced lawyer.

A successful lawsuit may award your family compensation for child's medical expenses and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's Psy lawsuits to recover reimbursement for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the specific situation. It could easily reach millions of dollars.

Many Erb's Palsy lawsuits are settled out of court. The lawyers of both the plaintiff and the defendant will collaborate to negotiate an agreement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from facing an attorney or a jury. However, if your family members cannot reach an agreement, Erb's palsy lawsuits you'll have to go to trial. This can also take a long time, but it can also potentially result in a bigger award.

The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head, arms or shoulders during labor and deliveryfor example, when doctors employ forceps or vacuum extractors excessively -- can damage these nerves, causing erb's palsy lawsuits palsy. This condition is usually prevented. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness about this birth injury that could have been avoided. In the past these lawsuits have helped families secure an affordable financial settlement and help their child get back on path.

Arbitration or Mediation

If your child was injured by an injury to the brachial area during pregnancy due to medical negligence, an Erb's Palsy settlement can help to pay for the treatment. This could include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by jurors. Your lawyer and the hospital's attorneys are likely to attempt to reach an agreement prior to the trial begins.

If you are unable to reach an agreement, your case will be taken to arbitration. This means that an impartial third party will hear both sides and determine who will win the lawsuit. This type of hearing can be more informal than a trial, but it is important to provide witnesses and evidence to the hearing.

You will also need copies of all legal documents as well as witnesses to present at the hearing. You may either invite your witnesses to the hearing or present their statements via videoconferencing. You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas ahead of time. In addition, you must have your witnesses' addresses and phone numbers on file in case they are called as a witness in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome their physical limitations with regular physical therapy. Some children require surgery to repair the torn nerve fibers. However, a significant number of children are not able to recover to any measurable degree and Erb's palsy lawsuits will be left with the handicaps 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 a fair and reasonable amount of compensation.

Your lawyer will collaborate with doctors that specialize in treating this condition to create an estimated cost of living for life estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child's medical records and determine whether or not the doctor who delivered your child had a previous record of malpractice cases.

If your lawyer has a clear understanding of the injuries of your child then she will bring a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal argument because it allows you to construct your arguments. It can take up to one year to arrive at a settlement.

Settlement

If your Erb's Palsy lawsuit is successful your lawyer might be able to get compensation to pay for medical expenses as well as future treatment costs. adaptive devices, as well as physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer must gather evidence to prove the negligence that caused the brachial plexus injury to your child and may include medical documents, witness statements and expert testimony. Once your lawyer has gathered this evidence, they will start a lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants will then be given a specified 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 because it is more cost-effective for all parties involved. If your lawyer believes that they can win in court, they might decide to take the case all the way to the verdict of a jury. A successful verdict will give families a sense justice and increase awareness of how to prevent future birth injuries. If your verdict is not in your favor it is possible to appeal the decision. While this procedure can take more time but it also increases the amount of the compensation you receive.