Erb's Palsy Litigation

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

A successful lawsuit may award your family members compensation for child's medical bills and any future treatment. Find out more about the erb's palsy law firms Palsy lawsuit process.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement will depend on the specific situation of your child and the extent of their injuries, but it can easily go into the thousands of dollars.

Many erb's palsy law firms palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically cut down on the legal process and save your family from having to face the jury or judge. If, however, your family members cannot reach the terms of settlement, you'll need to go to trial. This can take a long time but it can also potentially result in a larger award.

The brachial plexus is a set of nerves that control movement in the arm. A forceful pull on the neck, head, shoulders or arms during labor and birthlike when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. In many cases, this injury is preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for law the injuries they cause. They also seek to increase awareness about the birth injury that could have been avoided. In the past, these lawsuits have allowed families to obtain a fair financial settlement and help their child get back on course.

Mediation or Arbitration

If your child suffered a brachial plexus injury during birth due to medical negligence, an Erb's Palsy settlement can help pay for their care. This may include treatment, therapy devices, assistive devices, and procedures.

Many lawsuits settle without court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a judge could overturn a verdict awarded by a jury. Your lawyer and the hospital's lawyers will likely seek a settlement before the trial begins.

If you are unable to agree to a settlement the case will go to arbitration. This means that an impartial third party will take in both sides and determine who will win the lawsuit. This hearing is more informal than a court case, however, it is crucial to present witnesses and other physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to present at the hearing in person or you can submit their statements through video conferencing. Subpoenas must be sent in advance to all witnesses so that they are aware the requirement that they attend the hearing. Additionally, you must have the addresses of your witnesses and phone numbers in case in case they are required to appear as a witness in the future.

Complaints in the Court

Many children who suffer from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some may require surgery to repair sprained or damaged nerve fibers. A significant number of children will never recover and have to live suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to fair compensation.

To determine the value of your case, viralcomms.com your lawyer will work with specialists in treating these conditions to develop a life-long cost-of-living estimate. This is used to determine how much you're entitled to from the Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor responsible for your child's birth had prior experience with similar malpractice cases.

Once your lawyer has a good knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal case because it allows you to build your arguments. Settlements can take up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation to cover medical expenses and future costs for treatment which include adaptive devices and 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 error that caused your child's brachial plexus injury and may include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will file the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants will then be given a specified amount of time to reply to the lawsuit, and during this discovery phase both sides will gather additional evidence to back their claims.

Most lawsuits settle out of court, rather than going to trial, as it's more cost-effective for the parties involved. If your lawyer is confident that they will prevail in court, they could choose to take the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit can provide families with a sense justice and can help increase awareness to prevent these kinds of injuries from happening in the future. However, if your verdict is not favorable to you it is possible to appeal the decision. Although this process may take longer but it also can increase the amount of the compensation you receive.