Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family members find closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

If you win your lawsuit, your family may receive compensation for the medical expenses of your child and future treatment. Read on to learn more about the Erb's Palsy lawsuit procedure.

The Legal Process

The most common reason for families to bring an Erb's palsy suit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the particular case of your child and the severity of their injuries but it can easily go into the millions of dollars.

Many of the Erb's Palsy lawsuits have been settled without court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This could speed up the legal process dramatically and save your family from having a judge or jury decide their case. However, if the family members cannot reach an agreement, you'll have to go to trial. This could take a long time but it can also potentially result in a bigger award.

The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling on the neck, head or shoulders, or on the arms can cause nerve damage, resulting in Erb's Palsy. This type of injury is usually preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also wish to raise awareness about this birth injury which could have been avoided. In the past these lawsuits helped families secure an appropriate financial settlement that helped their child's future.

Arbitration or Mediation

If your child suffered an injury to the brachial plexus during birth due to medical negligence, an erb's palsy law firm settlement can help pay for his or her care. This can include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge might overturn a decision made by a jury. Your lawyer and the hospital's lawyers will probably attempt to reach an agreement before the trial starts.

If you cannot reach an agreement, your case will be referred to arbitration. A neutral third party will hear both sides and decide who wins the case. The hearing may be more informal than a trial, however it's crucial to present witnesses and evidence for the proceedings.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You may either invite your witnesses to the hearing or submit their statements using video conferencing. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. In addition, you must keep your witnesses' addresses and phone numbers in case in case they are called as a witness in the future.

Complaint to the Court

Many children suffering from Erb's Palsy are able to overcome physical limitations by intense physical therapy every day. Some will require surgery to fix torn or erb's palsy separated nerve fibers. However, a significant number of children do not recover to any measurable degree and must live with the limitations of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors that specialize in treating this condition to produce an estimated cost of living for life estimate. This is used to determine how much 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 gave you your child's treatment had a previous history of malpractice cases.

If your lawyer has a clear understanding of the injuries of your child, she will bring a lawsuit against the defendants. Both parties will undergo the discovery phase which involves exchanging evidence like expert opinions, depositions, additional medical documents and more. This is an important part of your legal argument because it allows you to construct your case. Settlements can last up to one year.

Settlement

If your raymore erb's palsy Lawyer (vimeo.com) palsy suit is successful, your lawyer might be able to secure compensation for medical expenses and future costs for treatment such as adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial area in your child. This may include medical records and witness statements as well as expert testimony. Once your attorney has gathered this evidence, they'll file the lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants will then be given a specified amount of time to reply. In this phase of discovery each side will gather evidence to back up their claims.

Most lawsuits are settled outside of court instead of going to trial, since it's more cost-effective for all parties involved. If your lawyer is confident they can win in court, they might decide to take the case all the way to an appeals court verdict. A successful verdict can give families a sense justice and help spread awareness about how to prevent future birth injuries. If the verdict isn't favorable you can appeal. Although this process may take longer, it can also increase the amount of compensation you receive.