Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can bring you and your family closure. The process of litigation can be complex and requires an experienced lawyer.

If you are successful in your lawsuit, your family will receive compensation for the medical expenses of your child and future treatment. Find out more about Erb's palsy litigation procedure.

The Legal Process

Families file erb's palsy lawsuits (just click the following web site) to obtain compensation for medical expenses and other expenses. The amount of money awarded depends on the severity of your child's injuries as well as the specific case. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can speed up the legal process dramatically and keep your family from having a judge or jury decide their case. However, if the family is unable to reach the terms of settlement, you'll need to go to trial. This can take a long time but it can also potentially result in a larger award.

The brachial plexus is a group of nerves that regulate movement within the arm. During labor and birth excessive forceful pulling on the neck, head, or shoulders, or on the arms could damage these nerves, causing Erb's palsy. In many instances, the 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 spread awareness about this birth injury which could have been prevented. In the past, these lawsuits have helped families receive an affordable financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured in the womb due to medical negligence, and suffered from brachial palsy, an Erb's settlement for palsy can help to pay for their medical treatment. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits are settled outside of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely attempt to reach an agreement prior to the trial beginning.

If you are unable to settle your dispute the case will be taken to arbitration. This means that an impartial third party will listen to both sides and determine who wins the lawsuit. This kind of hearing could be more informal than a trial, but it's important to present witnesses and evidence for the hearing.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can attend the hearing in person or you can provide their statements via video conference. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas before the hearing. Keep the numbers of your witnesses and addresses in the file in case you have to contact them as a future witness.

Complaints in the Court

Many children with Erb's -Pallsy are able to overcome physical limitations by regular physical therapy. Some will require surgery to repair damaged or separated nerve fibers. Many children are never able to recover and must continue to live their lives suffering from the effects of this birth injury. Parents who believe their Erb's palsy in their child was the result of negligence in 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 to produce an estimated cost of living for life estimate. This helps determine how much you are entitled to receive from the Erb's palsy settlement. Your lawyer will also help you get copies of the medical records for your child and investigate whether the doctor who was involved in your child's birth had a history of similar malpractice cases.

If your lawyer has a clear understanding of the injuries of your child she will start a lawsuit against defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an important part of your legal case as it allows you to build your case. Settlements can last for up to one year.

Settlement

If your erb's palsy law firms palsy lawsuit is successful, your lawyer might be able obtain compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need to gather evidence to prove negligence that caused the brachial plexus injury to your child which could include medical documents, witness statements, and expert testimony. After your lawyer has gathered this evidence, they'll file the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are then given a certain amount of time to reply. During this discovery phase the parties will gather evidence to back up their claims.

Most lawsuits are settled outside of court rather than going to trial as it is more cost-effective for Erb's palsy lawsuits everyone involved. However, if your attorney is confident they can win in court, they might choose to take the case to a verdict by a jury. A successful verdict can provide families with a sense of justice and help educate people about how to prevent future birth injuries. If your verdict isn't favorable you can appeal. While this procedure can take more time, it can also increase the amount of the amount you are awarded.