erb's palsy law firms Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family get closure. However, the process of litigation is complex and requires skilled legal representation.

If you prevail in your lawsuit, your family may receive compensation for medical expenses of your child as well as future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

The most popular reason families bring an Erb's palsy suit is to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon the particular situation of your child as well as the extent of their injuries, but it could easily reach the millions of dollars.

Many cases involving Erb's palsy have been settled out of court. The lawyers of both the plaintiff and defendant will collaborate to reach an acceptable settlement to both parties. This can significantly shorten the legal process and save your family from having to appear before the jury or judge. However, if your family members cannot reach a settlement you will have to go to trial. This could take a long time, however, it could result in a higher amount.

The brachial plexus is a group of nerves that regulate movement in the arm. The forceful pulling of the neck, head shoulders or arms during labor and delivery -like when doctors use forceps or vacuum extractors excessively -- can cause damage to the nerves and cause Erb's palsy. The injury is often preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to raise awareness of this birth injury that could have been avoided. In the past, these lawsuits have helped families obtain a fair financial settlement to support their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial area in the womb due to medical negligence, an Erb's settlement can help pay for his or her treatment. This could include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court could invalidate a verdict handed down by jurors. Your lawyer and hospital's attorneys are likely to seek an agreement before the trial gets underway.

If you are not able to reach an agreement, the case will be referred to arbitration. A neutral third party will hear both sides and decide who wins the case. This type of hearing can be more informal than a trial, but it is important to provide witnesses and evidence for the proceedings.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to attend the hearing in person, or they can give their testimony via video conference. Subpoenas need to be sent in advance to all witnesses in order that they are aware the requirement that they attend the hearing. Additionally, you should have your witnesses' addresses and telephone numbers on file in case they are called as a witness in the future.

Complaints in Court

Many children who suffer from erb's palsy lawsuit Palsy can overcome their physical limitations with intense physical therapy every day. Some children will need surgery to repair damaged nerve fibers. A significant number of children are never able to recover and must continue to live suffering from the effects of this birth injury. Parents who believe their Erb's palsy in their child was the result of medical negligence during the birth procedure have the right to claim an appropriate amount of compensation for their child's injuries.

To establish the value of your case the lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also help you get copies of the medical records for your child and determine if the doctor who was involved in the birth of your child had previous malpractice cases.

If your lawyer has a good knowledge of the injuries suffered by your child, she will file your 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 vital part of the legal process because it allows both sides to construct their arguments. It can take up one year to reach a settlement.

Settlement

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

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial area in your child. This may include medical records and witness statements as well as expert testimony. After your lawyer has gathered the evidence, they'll start a lawsuit against the defendants, erb's palsy lawsuit who are usually the medical professionals who delivered your child. The defendants will then be given a specified amount of time to reply to the suit, and during this discovery stage each side will gather more evidence to support their assertions.

Most lawsuits are settled outside of court, rather than going to trial because it is cheaper for all parties involved. If your lawyer believes they will win in court, they could decide to take the case to the verdict of a jury. A successful verdict could bring families a sense that justice has been done and help spread awareness about ways to avoid future birth injuries. However, if your verdict is not favorable to you it is possible to appeal the decision. While this process could take longer however, it could also increase the amount of the amount you are awarded.