Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family to find closure. However, the litigation process is complicated and requires experienced legal representation.

If you win your lawsuit, Vimeo your family may be awarded compensation for the medical expenses of your child and future treatment. Learn more about the gurnee erb's palsy law firm palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain reimbursement for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular situation. It could easily amount to millions of dollars.

Many of the Erb's Palsy lawsuits have been settled out of court. The lawyers representing both the plaintiff and defendant will collaborate to reach an acceptable settlement to both parties. This could speed up the legal process by a significant amount and prevent your family from having a jury or judge decide their case. If your family is unable agree on a settlement and you are unable to reach a settlement, you must appear in court. This can also take a long time, however, it could result in a higher award.

The brachial area is a group of nerves that control movement in the arm. When you are pregnant, excessive forceful pulling of the neck, head, Vimeo or shoulders or on the arms could result in damage to these nerves and cause Erb's Palsy. This injury is often prevented. Families seek to make negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness about this birth injury which could have been prevented. In the past the lawsuits have helped families secure a fair financial settlement and help their child get back on the right track.

Arbitration or Mediation

If your child was injured by an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's palsy settlement could help you pay for their treatment. This could include surgery, Vimeo therapy as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a court could reverse a verdict given by a jury. Your lawyer and the hospital's attorneys will likely attempt to negotiate an agreement prior to the trial starts.

If you fail to reach an agreement, the case will be referred to arbitration. A neutral third party will consider both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it is important to provide physical evidence and witnesses for the proceedings.

You will also need copies of all legal documents and witnesses to be present at the hearing. Witnesses are able to attend the hearing in person, or they can give their testimony via video conferencing. You must ensure that all of your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. Additionally, you should have their addresses and phone numbers on file in case they're called as witnesses in the future.

Complaints in the Court

Many children suffering from the condition Erb's-Palsy can overcome their physical limitations with daily physical therapy. Some will require surgery to fix torn or damaged nerve fibers. However, a significant proportion of children do not 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 child's Erb's palsy was the result of negligence by a medical professional during the birth process have the right to claim fair compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition to create an annual cost of living estimate. This will help determine the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also assist to obtain copies of your child’s medical records and determine whether or not the doctor who delivered your child had a previous record of malpractice cases.

When your lawyer is aware of the injuries of your child and the child's injuries, she will make a claim against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of your legal proceedings because it gives both sides the chance to construct their arguments. Settlements can last for up to one year.

Settlement

If your Erb's-Pallsy lawsuit is a success the lawyer may be able to secure compensation to pay for medical costs including future treatment costs, adaptive devices, as well as physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will need to gather evidence to prove the negligence that caused your child's brachial-plexus injury, which could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, they will make a claim against the defendants. These are usually the medical professionals that gave your child. The defendants are then given a certain amount of time to respond. In the discovery phase, each side will gather evidence to back up their claims.

Most lawsuits are settled out of court instead of going to trial due to the fact that it is cheaper for all parties involved. If however, your attorney believes that they can win in court, they might decide to pursue the case to a verdict by a jury. A successful verdict can give families a sense of justice and help educate people about how to prevent future birth injuries. However, if the verdict is not favorable to you then you may appeal the decision. Although this process may take more time however, it could also increase the amount of the amount you are awarded.