erb's palsy attorney Palsy Litigation

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

A successful lawsuit can award your family compensation for child's medical bills as well as future treatment. Find out more about Erb's palsy lawsuit procedure.

The Legal Process

The most common reason for families to pursue an Erb's-related lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific case. It could easily be millions of dollars.

Many of the Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can shorten the legal process considerably and save your family from having a jury or judge decide the case. If your family cannot agree on an agreement, you'll have to go to trial. This can take a significant amount of time, but can also result in a bigger amount.

The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling of the neck, head or shoulders or on arms, could cause nerve damage, resulting in Erb's palsy. In many instances, the injury can be prevented. Families seek to make negligent healthcare providers accountable for the harm they cause. They also seek to raise awareness about this birth injury which could have been avoided. In the past, these lawsuits have allowed families to obtain an appropriate financial settlement to help their child get back on path.

Arbitration or Mediation

If your child was injured in the womb by medical negligence, and suffered from brachial paralysis, an Erb's settlement for palsy can help to pay for their medical treatment. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital's lawyers will likely try to reach a settlement before the trial begins.

If you cannot reach an agreement, your case will go to arbitration. This means that an impartial third party will hear both sides and determine who wins the lawsuit. This type of hearing is more informal than a court trial however it is vital to present witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. Witnesses may be required to present at the hearing in person, or you can provide their statements via video conference. Subpoenas should be sent in advance to all witnesses to ensure they are aware of the requirement to attend the hearing. Keep the names of witnesses' telephone numbers and addresses on file in case you have to call them as a future witness.

Complaint in Court

Many children suffering from the condition Erb's-Palsy can overcome physical limitations through daily physical therapy. Some children will need surgery to repair damaged nerve fibers. However, a significant number of children do not recover to any measurable degree and Erb's palsy lawsuit will have to live with the limitations of this birth injury for life. Parents who believe their child's Erb's palsy was the result of negligence in the delivery process are entitled to seek an appropriate amount of compensation for their child's injuries.

To establish the value of your case Your lawyer will work with doctors who specialize in treating these ailments to create a cost-of-living estimate. This will help determine the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also help you obtain copies of your child's medical records and determine whether the doctor who delivered your child's care had a medical malpractice case.

Once your lawyer has identified the injuries of your child then she will make a claim against the defendants. Both sides will go through the discovery phase which involves exchanging evidence including expert opinions, depositions medical documents, and so on. This is a crucial part of your legal case because it allows you to build your case. It can take up an entire year before you can settle a case.

Settlement

If your Erb's palsy lawsuit is successful 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 life.

Your lawyer will need to collect evidence to prove the mistake that led to your child's brachial-plexus injury, which could include medical documents, witness statements and expert testimony. After your lawyer has collected this evidence, they'll bring the lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants will then be given a specified amount 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, rather than go to trial because it's cost-effective for all parties involved. If your attorney is confident that they will prevail in the case in court they may decide to try to get the jury. A successful verdict in a birth injury lawsuit can provide families with a sense justice and can help increase awareness and prevent these types of injuries from occurring in the future. However, if the verdict is not in your favor it is possible to appeal the decision. While this process could take longer but it also increases the amount of the compensation you receive.