Erb's Palsy Litigation

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

A successful lawsuit may award your family members compensation for your child's medical expenses and future treatment. Find out more about delaware erb's palsy lawsuit palsy lawsuit procedure.

The Legal Process

The most common reason for families to bring an Erb's palsy suit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement will depend on the particular situation of your child as well as the severity of their injuries but can easily soar into the millions of dollars.

Many of the Erb's Palsy lawsuits settle without court. The lawyers representing both the plaintiff and the defendant will collaborate to reach an acceptable settlement to both parties. This can drastically cut down on the legal process and avoid your family from having to appear before an attorney or a jury. If your family is unable to come to a deal the family will have to go to the court. This can take a lot of time, but could also result in a bigger amount.

The brachial plexus is a set of nerves that regulate movement within the arm. A forceful pull on the neck, head, arms or shoulders during labor and birthsuch as when doctors use forceps or vacuum extractors excessively -- can harm these nerves and lead to aiken erb's palsy lawyer palsy. This type of injury is usually preventable. Families file lawsuits to make negligent healthcare providers accountable for the harm they cause. They also seek to raise the word about this birth injury that could have been avoided. In the past, these lawsuits have helped families secure an affordable financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child has suffered an injury to the brachial nerve during birth due to medical negligence, an Erb's settlement can help to pay for the care. This could include therapy, surgery as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation faster and vimeo prevents the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers are likely to attempt to reach a settlement prior to when the trial starts.

If you are not able to reach an agreement, the case will be sent to arbitration. 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 physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to attend the hearing in person, or you can present their testimony through video conference. Subpoenas need to be sent in advance to all witnesses in order they are aware of the requirement to be present at the hearing. You must also keep the names of witnesses' telephone numbers and addresses on file, in case you have to contact them for an upcoming witness.

Complaints in the Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intensive daily physical therapy. Some children may require surgery to repair torn nerve fibers. A large percentage of children will never recover and have to live their lives with the consequences 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 fair compensation.

To determine the value of your case Your lawyer will work with doctors who specialize in treating these ailments to come up with a lifetime cost-of living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor who was involved in your child's birth had prior experience with similar malpractice cases.

If your lawyer has a clear understanding of the injuries suffered by your child and the child's injuries, she will make a claim against the defendants. Both parties will go through the discovery process that involves exchanging evidence such as expert opinions, depositions, additional medical documents, and so on. This is an important part of your legal case because it allows you to construct your case. It could take up to one year to reach a settlement.

Settlement

If your Erb's-Pallsy lawsuit is successful, your lawyer might be able to obtain compensation to pay for medical expenses, future treatment costs and adaptive devices along with physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will require evidence to prove that malpractice caused the injury to the brachial area in your child. This could include medical records as well as witness statements as well expert testimony. Once your lawyer has gathered this evidence, they will file the lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants are then given a specific time frame to respond. In this phase of discovery, each side will gather evidence to support their claims.

Most lawsuits are settled outside of court, rather than going to trial due to the fact that it is cost-effective for all parties involved. If your lawyer is confident that they can win the case at trial it could be decided to go to the jury for a verdict. A successful verdict could give families a sense justice and help educate people about how to prevent future birth injuries. If the verdict isn't favorable you can appeal. This process may take longer, but can increase the amount you receive.