Erb's Palsy Litigation

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

If you are successful 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 Erb's palsy litigation procedure.

The Legal Process

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

Many of Erb's palsy lawsuits have been settled out of court. The lawyers representing both the plaintiff and the defendant will collaborate to reach an acceptable settlement to both parties. This could cut down the legal process significantly and save your family from having a jury or judge decide their case. If your family is unable to reach a settlement then you'll need to go to the court. This can take a significant amount of time, but could also result in a larger settlement.

The brachial nerves regulate the movement of the arm. During labor and birth excessive forceful pulling of the neck, head or shoulders, or on the arms can result in damage to these nerves and cause Erb's Palsy. In many cases, this injury is preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also seek to increase awareness of this birth injury which could have been avoided. In the past these lawsuits helped families get an appropriate financial settlement to support their child's future.

Mediation or Arbitration

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

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and the hospital's attorneys are likely to seek an agreement before the trial starts.

If you're unable to settle your dispute the case will be taken to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence to the proceedings.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can choose to witness your witnesses attend the hearing or submit their statements via videoconferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. Additionally, you should have the addresses of your witnesses and phone numbers on file in case they're called as a witness in the future.

Complaint in Court

Many children suffering from erb's palsy attorney Palsy are able to overcome physical limitations by intensive daily physical therapy. Some will require surgery to repair sprained or separated nerve fibers. A large percentage of children are never able to recover and must continue to live their lives with the effects of this birth injury. Parents who believe that their Erb's palsy in their child was the result of medical negligence during the delivery process have the right to seek fair compensation for their child's injuries.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer will also help you obtain copies of the medical records for your child and determine if the doctor who performed your child's birth had a history of similar malpractice cases.

Once your lawyer understands the child's injuries she will make a claim against the defendants. Both sides will go through the discovery phase which involves exchanging evidence, including expert opinions, depositions, Vimeo additional medical records and more. This is an essential aspect of your legal argument because it helps you build your case. It could take up to a year to arrive at a settlement.

Settlement

If your lawsuit for vimeo Erb's palsy is successful, your lawyer may be able get compensation to cover medical expenses and future costs for treatment which include adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records, testimony from witnesses as well as expert testimony. After your lawyer has gathered this evidence, they'll make a claim against the defendants, who are typically the medical professionals who gave your child. The defendants will then be given a certain period of time to respond to the suit, and Vimeo during this discovery phase both sides will gather additional evidence to support their assertions.

Most lawsuits are settled outside of court rather than go to trial, because it's cheaper for all parties involved. However, if your attorney believes that they can win at trial, they may choose to take the case all the way to the verdict of a jury. A successful verdict could bring families a sense that justice has been done and raise awareness about how to avoid any future birth injuries. If your verdict is not favorable you can appeal. Although this process may take more time but it also increases the amount of compensation you receive.