Erb's Palsy Litigation

In the aftermath of your child's brachial plexus injury can help bring you and your family closure. The process of litigation is complex and requires an experienced lawyer.

If you are successful in your lawsuit, your family can be awarded compensation for the medical bills of your child and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific situation. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and the defendant will collaborate to negotiate a settlement that is acceptable to both parties. This can significantly shorten the legal process and prevent your family from having to go before the jury or judge. If your family is unable to reach a settlement and you are unable to reach a settlement, you must appear in the court. This could take a long amount of time, however it can also result in a larger award.

The brachial nerves control the movement of the arm. A forceful pull on the head, neck, shoulders or arms during labor and birthsuch as when doctors use forceps or vacuum extractors excessively -- can harm these nerves and lead to raymore erb's palsy attorney palsy. In many instances, the injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness about the birth injury which could have been prevented. In the past, these lawsuits have allowed families to obtain a fair financial settlement and help their child get back on the right track.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus in the womb due to medical negligence, an Erb's Palsy settlement can help to pay for the care. This could include therapy, surgery aidive devices, and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a judge could reverse a verdict given by the jury. Your lawyer and the hospital's lawyers will most likely attempt to reach an agreement before the trial gets underway.

If you are unable to come to a deal the case will go to arbitration. This means that an impartial third party will take in both sides and determine who wins the lawsuit. This hearing is more informal than a court trial but it is important to present witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to present at the hearing. You can either have your witnesses attend the hearing or provide their testimony via video conferencing. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. Additionally, you must keep your witnesses' addresses and phone numbers on file in the event that they are needed as witnesses in the future.

Complaint to the Court

Many children suffering from Erb's palsy can overcome their physical limitations with intensive daily physical therapy. Some children require surgery to repair torn nerve fibers. A large number of children will never recover and have to live their lives suffering the effects of this birth injury. Parents who believe their child's Erb's palsy was the result of negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors who specialize in treating this condition to develop a lifetime cost of living estimate. This is used to determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and investigate whether the doctor involved in the birth of your child had prior experience with similar malpractice cases.

If your lawyer has a solid understanding of your child's injuries, she will file your lawsuit against the defendants. Both parties will undergo the discovery phase which involves exchanging evidence, including expert opinions, depositions, additional medical documents, and so on. This is an essential aspect of your legal defense because it helps you build your case. Settlements can last for up to one year.

Settlement

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

Your lawyer will require evidence to prove 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 or she will make a claim against the defendants. They are typically the medical professionals who provided your child with. The defendants will be given a specified period of time to respond to the suit, and during this discovery phase both sides will collect additional evidence to support their assertions.

Most lawsuits are settled outside of court, rather than going to trial as it is more cost-effective for Erb's palsy all parties involved. If your attorney is confident that they will win the case in court it could be decided to go to the jury for a verdict. A successful verdict will give families a sense justice and help spread awareness about how to prevent future birth injuries. If your verdict is not in your favor, you can appeal the decision. The process could take longer, but it could raise the amount you receive.