Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family find closure. The process of litigation is complicated and requires an experienced lawyer.

If you win your lawsuit, your family can receive compensation for medical bills of your child and future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

The most popular reason families start an ione erb's palsy attorney Palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the particular case. It could easily reach millions of dollars.

Many of the Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This can drastically reduce the legal process and prevent your family from having to go before a judge or jury. If your family is unable to come to a deal and you are unable to reach a settlement, you must go to court. This could take a long time but it can also potentially result in a larger award.

The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling of the neck, head or shoulders or on the arms can result in damage to these nerves and maumee erb's palsy lawsuit cause Erb's palsy. This type of injury is usually prevented. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about the birth injury that could have been avoided. In the past the lawsuits have allowed families to obtain an equitable financial settlement and help their child get back on course.

Arbitration or Mediation

If your child has suffered an injury to the brachial nerve during birth due to medical negligence, an Erb's palsy settlement can help you pay for his or her care. This may include treatment, therapy devices, assistive devices, and operations.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a judge could overturn a verdict awarded by a jury. Your lawyer and hospital's attorneys will likely attempt to reach an agreement prior to the trial gets underway.

If you are unable to reach an agreement, your case will be taken to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the case. This type of hearing is more informal than a court trial, however it is vital to present witnesses and other physical evidence.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses present at the hearing in person or you can provide their statements via video conference. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Keep the names of witnesses' telephone numbers and addresses on file in case you have to contact them for an upcoming witness.

Complaints in Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations with daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a significant proportion of children will not recover to a significant degree and must live with the limitations of this birth injury for life. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

To determine the worth of your case, your lawyer will work with doctors who specialize in treating these conditions to come up with a lifetime cost-of living estimate. This is used to determine how much you're entitled to from the mount holly erb's palsy lawyer palsy settlement. Your lawyer will also help you obtain copies of your child's medical records and investigate whether the doctor involved in the birth of your child had a history of similar malpractice cases.

Once your lawyer has a clear understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery phase, which includes exchanging evidence, including expert opinions, depositions, medical documents and more. This is a vital part of your legal proceeding since it allows both sides to construct their arguments. It can take up to an entire year before you can arrive at a settlement.

Settlement

If your Everman erb's Palsy lawyer Palsy lawsuit is successful your lawyer could be able to get compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices in addition to physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will have to collect evidence to prove the malpractice that caused the brachial plexus injuries to your child, which could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, they will bring a lawsuit against the defendants. They are typically the medical professionals who have delivered your child. The defendants will then be given a specified period of time to respond. In this discovery phase, each side will gather evidence to prove its case.

Most lawsuits are settled outside of court, rather than going to trial due to the fact that it is more cost-effective for all parties involved. However, if your attorney is confident that they will prevail in court, they might decide to take the case to the verdict of a jury. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and can help increase awareness in order to prevent these types of injuries from happening in the future. If the verdict you receive is not favorable you can appeal. This procedure could take longer, but it will increase the amount you get.