Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can bring your family and you closure. However, Erb's palsy lawsuit the process of litigation is complex and requires expert legal representation.

A successful lawsuit could award your family compensation for your child's medical bills and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most common reason for families to file an richmond erb's palsy attorney palsy lawsuit (visit website) is to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on your child's specific case and the extent of their injuries, but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that pleases both parties. This can speed up the legal process dramatically and save your family from having a jury or judge decide their case. However, if your family is unable to reach an agreement, you'll have to go to trial. This could take a long time, but it could also result in a higher award.

The brachial area is a group of nerves that regulate movement within the arm. Forceful pulling on the neck, head, arms or shoulders during labor and birthsuch as when doctors employ forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. In many cases, this injury is preventable. Families 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 that could have been avoided. In the past, these lawsuits have helped families secure an equitable financial settlement and get their child's life back on course.

Arbitration or Mediation

If your child was injured in the womb due to medical negligence and was later diagnosed with brachial sprains, an Erb's Palsy settlement can help you cover the cost of their treatment. This can include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits settle outside of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital's attorneys are likely to try to reach an agreement prior to the trial begins.

If you are unable to agree to a settlement the case will go to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, but it is important to provide witnesses and evidence to the proceedings.

You will also need copies of all legal documents and witnesses to present at the hearing. Witnesses are able to attend the hearing in person or you can present their testimony through video conference. Subpoenas should be sent in advance to all witnesses to ensure that they are aware the requirement to attend the hearing. You should also keep the numbers of your witnesses and addresses on file, in case you need to call them as witnesses in the future.

Complaints in the Court

Many children with Erb's -Pallsy are able to overcome physical limitations by intense physical therapy every day. Some may require surgery to repair damaged or damaged nerve fibers. However, a large percentage of children will not recover to a significant degree and must live with the effects 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 the injuries suffered by their child.

Your lawyer will collaborate with doctors who specialize in treating this condition to produce a lifetime cost of living estimate. This will help determine the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records and investigate whether the doctor who performed your child's birth had an history of similar malpractice cases.

Once your lawyer understands the harms your child has suffered, she will file a lawsuit against the defendants. Both sides will undergo the discovery phase that involves exchanging evidence such as expert opinions, depositions, additional medical documents and more. This is an essential aspect of your legal case because it allows you to develop your arguments. Settlements can last for up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to get compensation to cover medical costs and future treatment costs including adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will require evidence to show that malpractice caused the injury to the brachial plexus in your child. This could include medical records, testimony from witnesses as well as expert testimony. Once your lawyer has collected the evidence, he will file a lawsuit against the defendants. These are usually the medical professionals that provided your child with. The defendants will then be given a certain amount of time to respond to the suit, and during this discovery phase, both sides will gather additional evidence to back their assertions.

Most lawsuits are settled out of court rather than going to trial due to the fact that it is more cost-effective for all parties involved. If your attorney is convinced that they can win the case at trial, they might decide to take it to an appeal to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense justice, and also help to raise awareness to prevent these types of injuries from occurring in the future. If, however, your verdict is not favorable to you then you may appeal the decision. This process may take longer, but it can increase the amount you are awarded.