greeley erb's palsy lawsuit Palsy Litigation

Legal action in the aftermath of your child's brachial injury can help bring you and your family closure. However, the process of litigation is complex and requires expert legal representation.

If you prevail in your lawsuit, your family will receive compensation for the medical expenses of your child and future treatment. Find out more about Erb's palsy lawsuit procedure.

The Legal Process

The most popular reason for families to file an washingtonville erb's palsy attorney palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement depends on your child's specific case and the severity of their injuries however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically cut down on the legal process and save your family from facing the jury or judge. However, if the family cannot agree on a settlement you will have to go to trial. This could take a long time however, it could result in a larger award.

The brachial nerves control the movement of the arm. During labor and delivery, excessive forceful pulling of the head, neck or shoulders or on the arms could cause nerve damage, resulting in Erb's Palsy. This condition is usually preventable. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits helped families get an affordable financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured while in the womb because of medical negligence and was later diagnosed with brachial paralysis, an Erb's Settlement for palsy could help you pay for their treatment. This could include therapy, surgery, assistive devices and treatment.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a court could overturn a verdict awarded by a jury. Your lawyer and the hospital's lawyers will probably seek to negotiate a settlement prior to the trial beginning.

If you're not able to agree to a settlement your case will be sent to arbitration. A neutral third party will hear both sides and Erb's palsy lawsuit determine who wins the case. This type of hearing can be more informal than a trial, but it's crucial to present witnesses and evidence in the hearing.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to attend the hearing in person or you can submit their statements via video conferencing. Subpoenas must be issued in advance to all witnesses so that they are aware of the requirement to attend the hearing. Additionally, you must have your witnesses' addresses and telephone numbers on file in case they are called to testify in the future.

A complaint to the court

Many children who suffer from Erb's syndrome can overcome physical limitations with daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. However, a significant proportion of children will not recover in any significant way and will be forced to live with the handicaps of this birth injury for life. Parents who believe their Erb's palsy in their child was the result of negligence in the delivery process have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with specialists in treating this condition to develop a lifetime cost of living estimate. This will help determine the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also assist you get copies of your child’s medical records, and look into whether or not the doctor who delivered your child's diagnosis had a prior experience of malpractice.

If your lawyer has a thorough knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal action as it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

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

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial area in your child. This could include medical records, testimony from witnesses as well as expert testimony. After your lawyer has gathered this evidence, they will file the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are then given a certain time frame to respond. During this discovery phase each side will gather evidence to prove its case.

Most lawsuits are settled out of court rather than go to trial, as it's cheaper for all parties involved. If your lawyer believes that they can win at trial, they may choose to take the case to a verdict by a jury. A successful verdict could give families a sense justice and increase awareness of how to avoid any future birth injuries. If, however, your verdict is not in your favor it is possible to appeal the decision. Although this process may take longer, it can also increase the amount of compensation you receive.