erb's palsy law firm Palsy Litigation

Taking legal action in the aftermath of your child's plexus brachial injury can help bring your family and you closure. The process of litigation is complicated and requires an experienced lawyer.

If you are successful in your lawsuit, your family could receive compensation for medical bills of your child and future treatment. Learn more about the Erb's Palsy lawsuit process.

The Legal Process

The most popular reason families start an Erb's Palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon the particular situation of your child as well as the severity of their injuries however, it can easily rise to the thousands of dollars.

Many Erb's Palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This could cut down the legal process significantly and prevent your family from having a jury or judge decide their case. If your family is unable to reach a settlement, you will need to go to the court. This can take a considerable amount of time, however it can also result in a larger amount.

The brachial nerves control the movement of the arm. During labor and birth, excessive forceful pulling of the neck, head, or shoulders or on the arms, can cause damage to these nerves, leading to Erb's Palsy. In many instances, the injury is preventable. Families file lawsuits 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 avoided. In the past, these lawsuits helped families secure an equitable financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured while in the womb as a result of medical negligence, and suffered from brachial sprains, an erb's palsy law firm settlement for palsy can help to pay for their medical treatment. This could include treatment, therapy, assistive devices, and operations.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's attorneys are likely to try to reach an agreement prior to the trial starts.

If you are unable reach a settlement the case will go to arbitration. This means that a neutral third party will listen to both sides and decide who wins the case. This type of hearing is more informal than a court trial but it is essential to provide witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can either have your witnesses attend the hearing or submit their statements using video conferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas ahead of time. You should also keep the numbers of your witnesses and addresses on file, in case you have to contact them for an upcoming witness.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations with intense physical therapy every day. Some will require surgery to repair torn or separated nerve fibers. However, a large percentage of children are not able to recover to a significant degree and must live with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's paralysis was the result of negligence in the delivery procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors that specialize in treating this condition to create a lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also assist to obtain copies of your child's medical records, Vimeo and investigate whether the doctor who delivered your child's diagnosis had a prior record of malpractice cases.

If your lawyer has a solid understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of the legal process since it allows both sides to present their case. Settlements can take up to one year.

Settlement

If your Erb's Palsy lawsuit is a success your lawyer could be able to get compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices, as well as physical therapy. You could receive damages due to emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove the malpractice that caused your child's brachial-plexus injury that could include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he will bring a lawsuit against the defendants. They are typically the medical professionals who provided your child with. The defendants will be given a set period of time to respond to the suit, and during the discovery phase each side will gather additional evidence to back their claims.

Most lawsuits settle out of court, instead of going to trial, since it's cost-effective for all parties involved. However, if your attorney believes they will win in court, they could decide to take the case to a jury verdict. A successful verdict will provide families with a sense of justice and help spread awareness about how to prevent future birth injuries. If, however, your verdict is not in your favor, Vimeo you can appeal the decision. This procedure could take longer, but it could raise the amount you receive.