Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family find closure. The litigation process can be complicated and requires a skilled lawyer.

If you are successful in your lawsuit, your family can receive compensation for the medical bills of your child as well as future treatment. Read on to learn more about the Erb's-Palsy lawsuit process.

The Legal Process

The most popular reason families start an Erb's Palsy lawsuit is to obtain compensation for erb's palsy law firms medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on your child's specific case and the extent of their injuries, but can easily soar into the thousands of dollars.

Many cases involving erb's Palsy law Firms palsy are settled out of court. Lawyers for the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can significantly speed up the legal process, and also prevent your family from having to face a judge or jury. If your family is unable come to a deal then you'll need to go to court. This can take a lot of time, but could also result in a bigger settlement.

The brachial nerves control the movement of the arm. Forceful pulling on the head, neck, shoulders or erb's Palsy law firms arms during labor and birthsuch as when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. This type of injury is usually avoidable. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about this birth injury which 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 path.

Mediation or Arbitration

If your child has suffered an injury to the brachial area during the womb as a result of medical negligence, an Erb's Palsy settlement could help you to pay for the treatment. This may include therapy, treatment as well as assistive devices and surgeries.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital attorneys will most likely attempt to reach an agreement before the trial starts.

If you're unable to agree to a settlement your case will be sent to arbitration. A neutral third party will listen to both sides and decide who will win the case. This kind of hearing could be more informal than a trial, however it's crucial to present witnesses and evidence for the hearing.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to have your witnesses attend the hearing or present their statements through video conferencing. You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas before the hearing. Additionally, you should keep your witnesses' addresses and contact numbers on file in the event that they are needed as a witness in the future.

Complaints in Court

Many children with Erb's Palsy are able to overcome physical limitations by intensive daily physical therapy. Some children require surgery to repair damaged nerve fibers. A significant number of children are not able to recover and will have to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to fair compensation.

To determine the value of your case the lawyer will work with doctors who are experts in treating these conditions to create a cost-of-living estimate. This is used to determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also assist you obtain copies of your child's medical records and determine whether the doctor who delivered your child had a previous medical malpractice case.

When your lawyer has a solid understanding of your child's injuries then she will file your 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 a crucial part of your legal defense because it allows you to build your arguments. Settlements can take as long as one year.

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer could be able to secure compensation to pay for medical costs including future treatment costs, adaptive devices, as well as physical therapy. You could be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will need to gather evidence to prove mistake that led to the brachial plexus injuries to your child which could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will start a lawsuit against defendants. These are usually the medical professionals who delivered your child. The defendants are then given a specific period of time to respond. In this phase of discovery the parties will gather evidence to back up their claims.

Most lawsuits settle out of court instead of going to trial, because it's cost-effective for all parties involved. However, if your attorney believes they will win at trial, they may choose to take the case to an appeals court verdict. A successful verdict could give families a sense justice and raise awareness about how to avoid any future birth injuries. If the verdict isn't favorable you can appeal. Although this process may take more time but it also can increase the amount of the compensation you receive.