Erb's Palsy Litigation

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

A successful lawsuit may award your family compensation for your child's medical bills and any future treatment. Find out more about the Erb's palsy litigation process.

The Legal Process

Families file erb's palsy lawsuits (wood-max.co.kr) to get reimbursement for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the specific case. It could easily be millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This could cut down the legal process dramatically and prevent your family from having a judge or jury decide on their case. However, if your family is unable to reach an agreement, you'll have to go to trial. This can take a long time but it could also result in a higher award.

The brachial area is a group of nerves that control movement in the arm. Forcing the neck, head arms or shoulders during labor and deliverylike when doctors use forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. In many cases, this injury can be prevented. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also want to raise the word about this birth injury which could have been avoided. In the past these lawsuits helped families get an affordable financial settlement to support their child's future.

Mediation or Arbitration

If your child was injured while in the womb due to medical negligence and was later diagnosed with brachial palsy, anErb's Settlement for palsy could help you pay for their treatment. This could include therapy, treatment, assistive devices, and operations.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a court could reverse a verdict given by jurors. Your lawyer and the hospital attorneys will most likely try to reach an agreement before the trial gets underway.

If you are not able to reach an agreement, your case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This type of hearing is more informal than a court trial but it is essential to provide 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 can attend the hearing in person or you can submit their statements via video conference. You must ensure that all your witnesses are aware they will be required to appear at the hearing by submitting subpoenas prior to the hearing. You should also keep the numbers of your witnesses and addresses on file, in case you need to contact them as witnesses in the future.

Complaints in the Court

Many children who suffer from Erb's syndrome can overcome their physical limitations by daily physical therapy. Some children will need surgery to repair the torn nerve fibers. However, a significant proportion of children do not recover in any way and must live with the handicaps of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with specialists in treating this condition to create the lifetime cost of living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor who performed your child's birth had prior experience with similar malpractice cases.

Once your lawyer understands the injuries of your child then she will file a lawsuit against the defendants. Both parties will go through the discovery process, which includes exchanging evidence including expert opinions, depositions medical documents, and so on. This is an essential aspect of your legal case as it allows you to construct your case. It can take up to one year to negotiate a settlement.

Settlement

If your Erb's Palsy lawsuit is successful your lawyer might be able to obtain compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices in addition to physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will need to collect evidence to prove the negligence that caused the brachial plexus injury to your child and may include medical records, Erb's palsy lawsuits witness statements and expert testimony. After your lawyer has gathered the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals who delivered your child. The defendants are then given a specific amount of time to reply. During this discovery phase each side will gather evidence to prove its case.

Most lawsuits are settled out of court instead of going to trial because it is cost-effective for all parties involved. If your attorney is confident that they can win the case in court it could be decided to take it to the jury. A successful verdict in a birth injury lawsuit could give families a sense justice, and also help to raise awareness and prevent these types of injuries from occurring in the future. If your verdict is not favorable you can appeal. This process may take longer, but it could increase the amount you get.