brookfield erb's palsy attorney Palsy Litigation

Legal action following the injury to your child's brachial plexus may help you and your family to find closure. However, the process of litigation is complex and requires expert legal representation.

If you are successful in your lawsuit, your family will receive compensation for the medical bills of your child as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to recover 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 be millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers of both the plaintiff and defendant come together to negotiate an acceptable settlement to both parties. This could cut down the legal process significantly and keep your family from having a jury or judge decide their case. If your family is not able to agree on a settlement and you are unable to reach a settlement, you must go to the court. This can also take a long time however, it could result in a larger award.

The brachial nerves control the movement of the arm. A forceful pull on the neck, head, arms or shoulders during labor and delivery -- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage the nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families seek to make negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness about this birth injury that could have been prevented. In the past these lawsuits have helped families obtain an appropriate financial settlement to get their child's life back on track.

Arbitration or Mediation

If your child suffered an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's Palsy settlement can help you pay for his or her treatment. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits settle outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital's lawyers will most likely attempt to reach an agreement before the trial begins.

If you are unable settle your dispute your case will be sent to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This hearing is more informal than a court trial however, it is crucial to present witnesses and other physical evidence.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. Witnesses can present at the hearing in person, or you can present their testimony through video conferencing. Subpoenas must be issued in advance to all witnesses to ensure that they are aware the requirement that they attend the hearing. In addition, you must have the addresses of your witnesses and phone numbers in case in case they are called as witnesses in the future.

Complaints in Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intense daily physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. Many children do not recover and are forced to live with the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair amount of compensation.

To establish the value 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 helps determine how much you're entitled to from your settlement for Erb's Palsy. Your lawyer can also assist you get copies of the medical records for your child and determine if the doctor involved in the birth of your child had prior experience with similar malpractice cases.

If your lawyer has a clear understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase which includes exchanging evidence including expert opinions, depositions, additional medical documents, and so on. This is an essential part 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 obtain compensation to cover medical costs and future treatment costs, including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records, witness statements as well as expert testimony. Once your attorney has gathered the evidence, they will bring the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants will then be given a set amount of time in which to respond to the suit, and during this discovery phase each side will gather additional evidence to back their assertions.

Most lawsuits are settled out of court rather than going to trial, since it's cost-effective for all parties involved. If your attorney is confident that they will win the case at trial, they might decide to try to get a jury verdict. A successful verdict in a birth injury lawsuit can give families a sense justice and Erb's palsy lawsuit can help increase awareness in order to prevent these types of injuries from happening in the future. If the verdict isn't favorable, you can appeal. This could take a bit longer, but can increase the amount you receive.