Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could aid you and your family get closure. The process of litigation can be complicated and requires an experienced lawyer.

A successful lawsuit could grant your family compensation for your child's medical bills and future treatment. Read on to learn more about the Erb's-Palsy lawsuit process.

The Legal Process

The most common reason families start an Erb's Palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific case. It could easily reach millions of dollars.

Many of the lawsuits involving pontiac erb's palsy lawsuit Psy settle out of court. The lawyers representing both the plaintiff and the defendant will come together to negotiate an agreement that is acceptable 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 agree on a settlement then you'll need to appear in court. This can take a lot of time, but can also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. The forceful pulling of the neck, head, arms, or shoulders during labor and birthlike when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage these nerves and lead to Erb's palsy. This injury is often prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past these lawsuits helped families get an appropriate financial settlement to support their child's future.

Mediation or Arbitration

If your child was injured by an injury to the brachial nerve in the womb due to medical negligence, an Erb's settlement can help you to pay for the care. This may include treatment, therapy aids, assistive devices, as well as operations.

Many lawsuits are settled outside of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers are likely to seek a settlement prior to when the trial starts.

If you're not able to come to a deal, your case will proceed to arbitration. A neutral third party will hear both sides and decide who wins the case. The hearing may be more informal than a trial, however it is crucial to present witnesses and evidence to the hearing.

You will also need copies of all legal documents as well as witnesses to present at the hearing. You can choose to have your witnesses attend the hearing or provide their statements via videoconferencing. Subpoenas must be sent in advance to all witnesses in order they are aware the requirement to attend the hearing. Keep the numbers of your witnesses and addresses on file, in case you need to contact them for an upcoming witness.

Complaint in Court

Many children with Erb's -Pallsy can overcome physical limitations with intense daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. Many children are not able to recover and will have to live their lives with the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to fair compensation.

Your lawyer will work with doctors who specialize in treating this condition to create an estimated cost of living for life estimate. This helps determine how much you're entitled to from your settlement for Sand Springs Erb's Palsy Lawsuit Palsy. Your lawyer can also help you get copies of the medical records for your child and investigate whether the doctor who performed your child's birth had prior sand springs erb's palsy lawsuit experience with similar malpractice cases.

Once your lawyer has identified the injuries suffered by your child and the child's injuries, she will bring a lawsuit against the defendants. Both parties will go through the discovery phase that involves exchanging evidence such as expert opinions, depositions and medical records and more. This is a vital part of the legal process since it allows both sides to develop their arguments. It can take up a year to arrive at a settlement.

Settlement

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

Your lawyer will have to gather evidence to prove the mistake that led to your child's brachial plexus injury, which could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, he will make a claim against the defendants. These are usually the medical professionals who gave your child. The defendants will be given a specific amount of time to respond to the lawsuit, and during this discovery phase both sides will gather additional evidence to prove their assertions.

Most lawsuits settle out of court, instead of going to trial, as it's cheaper for all parties involved. If your attorney is convinced that they can win the case in court it could be decided to pursue it to a jury verdict. A successful verdict could bring families a sense that justice has been done and help spread awareness about how to prevent future birth injuries. If your verdict is not favorable to you it is possible to appeal the decision. This process may take longer, but it will increase the amount you are awarded.