Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family may receive compensation for medical expenses of your child and future treatment. Find out more about Erb's palsy lawsuit process.

The Legal Process

The most frequent reason for families to pursue an san carlos erb's palsy lawsuit-related lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on your child's specific case and the severity of their injuries but it could easily reach the thousands of dollars.

Many Erb's Palsy lawsuits settle out of court. The lawyers representing both the plaintiff and defendant will collaborate to negotiate an acceptable settlement to both parties. This could cut down the legal process considerably and save your family from having a judge or jury decide the case. If, however, your family members cannot reach a settlement you will have to go to trial. This could take a long time but it can also potentially result in a higher amount.

The brachial nerves control the movement of the arm. Forcing the neck, head, shoulders or arms during labor and delivery- such as when doctors use forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. This condition is usually avoidable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness of the birth injury that could have been avoided. In the past the lawsuits have allowed families to obtain an equitable financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child was injured by an injury to the brachial area during the womb as a result of medical negligence, an Erb's Palsy settlement could help you pay for their treatment. This could include surgery, therapy, assistive devices and treatment.

Many lawsuits are settled outside of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a court might overturn a decision made by a jury. Your lawyer and the hospital's attorneys will likely seek a settlement before the trial gets underway.

If you fail to reach an agreement, your case will be referred to arbitration. This means that an impartial 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 important to provide witnesses and physical evidence.

You will also require copies of all legal documents and witnesses to present at the hearing. You may either invite your witnesses to attend the hearing or give testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware of 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 required to appear to testify in the future.

A complaint to the court

Many children suffering from Erb's Palsy are able to overcome physical limitations by intense daily physical therapy. Some will require surgery to repair damaged or damaged nerve fibers. However, a significant number of children don't recover to a significant degree and must live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

Your lawyer will work with doctors who are experts in treating this condition. They will create an annual cost of living estimate. This helps determine how much you're entitled to from the settlement you received for your mobile erb's palsy law firm syndrome. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor involved in your child's birth had a history of similar malpractice cases.

Once your lawyer has identified the harms your child has suffered and the child's injuries, she will bring a lawsuit against the defendants. Both sides will go through the discovery process that involves exchanging evidence such as expert opinions, depositions and medical records and more. This is an important part of your legal argument because it allows you to develop your case. It could take up to an entire year to settle a case.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to secure compensation to cover medical expenses and future treatment costs which include adaptive devices and physical therapy. You could also be awarded damages for Payette Erb's Palsy Law Firm emotional trauma as well as loss of quality of life.

Your lawyer will need to gather evidence to prove malpractice that caused your child's brachial-plexus injury, which could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against defendants. They are typically the medical professionals that gave your child. The defendants will be given a specific amount of time in which to respond to the suit, and during this discovery stage, both sides will gather additional evidence to support their assertions.

Most lawsuits are settled outside of court rather than going to trial since it is more cost-effective for all parties involved. However, if your attorney is confident that they will prevail in court, they might decide to take the case to a jury verdict. A successful verdict can bring families a sense that justice has been done and help spread awareness about how to avoid any future birth injuries. If the verdict isn't favorable you may appeal. While this process can take more time but it also can increase the amount of the compensation you receive.