Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial plexus injury can bring your family and you closure. However, the litigation process is complex and requires skilled legal representation.

If you prevail in your lawsuit, your family may be awarded compensation for the medical bills of your child as well as future treatment. Find out more about the erb's palsy lawyer palsy lawsuit process.

The Legal Process

Families file Erb's Psy lawsuits to get compensation for medical costs and other expenses. The amount of money that is awarded in a settlement is contingent upon your child's specific case and the severity of their injuries, but can easily soar into the thousands of dollars.

Many of Erb's palsy lawsuits have been settled outside of court. The lawyers for both plaintiff and defendant work together to find a settlement that is acceptable to both parties. This can shorten the legal process considerably and keep your family from having a jury or judge decide the case. If your family is unable reach a settlement the family will have to go to court. This can take a considerable amount of time, but could also result in a larger award.

The brachial complex is a collection of nerves that regulate movement in the arm. During labor and delivery excessive forceful pulling on the neck, Erb's Palsy lawsuits head or shoulders or on arms, could result in damage to these nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to raise awareness about this birth injury which could have been prevented. In the past, these lawsuits helped families secure an equitable financial settlement to help their child's future.

Arbitration or Mediation

If your child suffered an injury to the brachial nerve in the womb due to medical negligence, an Erb's settlement could help you to pay for the care. This could include therapy, treatment as well as assistive devices and procedures.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court might overturn a decision made by jurors. Your lawyer and hospital's attorneys will likely attempt to reach an agreement prior to the trial gets underway.

If you cannot reach an agreement, your case will be sent to arbitration. This means that a neutral third party will be able to hear both sides and Erb's Palsy Lawsuits decide who wins the lawsuit. This hearing is more informal than a court trial, but it is important to present witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. Witnesses are able to present at the hearing in person or you can provide their statements via video conference. You must ensure that all your witnesses are aware they will be required to appear at the hearing by submitting subpoenas prior to the hearing. Additionally, you must keep your witnesses' addresses and phone numbers on file in case they are required to appear as witnesses in the future.

Complaint to the Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intense physical therapy every day. Some children require surgery to repair the torn nerve fibers. However, a significant proportion of children are not able to recover in any significant way and will be left with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their Erb's palsy in their child was due to medical negligence during the birth procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

To determine the value of your case your lawyer will collaborate with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This will allow you to determine the amount of compensation you're entitled to under your erb's palsy law firms palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records and determine whether the doctor who performed surgery on your child's care had a experience of malpractice.

Once your lawyer has a clear knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal proceeding as it allows both sides to present their case. It can take up to one year to negotiate a settlement.

Settlement

If your Erb's Palsy lawsuit is a success the lawyer may be able to get compensation to pay for medical costs 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 will require evidence to show that malpractice caused the brachial plexus injury in your child. This could include medical records as well as witness statements, as well as expert testimony. Once your lawyer has gathered this evidence, they will file the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are given a specified amount of time in which to respond to the lawsuit, and during this discovery phase, both sides will gather additional evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial due to the fact that it is cost-effective for all parties involved. If your attorney is convinced that they will win the case in court they may decide to try to get the jury for a verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice, and also help to raise awareness and prevent these types of injuries from happening in the future. However, if your verdict is not in your favor, you can appeal the decision. This process may take longer, but it will raise the amount you receive.