Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could aid you and your family to find closure. The process of litigation is complex and requires an experienced lawyer.

A successful lawsuit can award your family members compensation for your child's medical bills and future treatment. Find out more about Erb's palsy litigation procedure.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the specific situation of your child and the severity of their injuries, but it can easily go into the thousands of dollars.

Many of the Erb's Palsy lawsuits settle without court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can speed up the legal process significantly and keep your family from having a jury or judge decide the case. However, if the family members are unable to agree on a settlement you will have to go to trial. This can take a considerable amount of time, but it could also result in a larger settlement.

The brachial nerves regulate the movement of the arm. Forcing the head, neck, arms, or shoulders during labor and birthfor example, when doctors make use of forceps or vacuum extractors excessively -- can cause damage to the nerves and cause Erb's palsy. This type of injury is usually prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also seek to raise awareness about this birth injury that could have been avoided. In the past, these lawsuits have helped families obtain an affordable financial settlement to support their child's future.

Mediation or Arbitration

If your child suffered a brachial plexus injury during the womb as a result of medical negligence, an farmingdale erb's palsy lawsuit Palsy settlement can help pay for their care. This can include surgeries, therapy, assistive devices and treatment.

Many lawsuits are settled out of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a court overturning a jury verdict. Your lawyer and hospital's lawyers will most likely attempt to reach an agreement before the trial starts.

If you're not able to agree to a settlement the case will be taken to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. The hearing may be more informal than a trial, but it is important to provide physical evidence and witnesses for the hearing.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can choose to have your witnesses attend the hearing or provide their statements using video conferencing. Subpoenas must be issued in advance to all witnesses in order that they are aware of the requirement to be present at the hearing. Additionally, you must have their addresses and contact numbers on file in case they are required to appear as witnesses in the future.

Complaint in Court

Many children with Erb's -Pallsy can overcome physical limitations with intense physical therapy every day. Some children will need surgery to repair damaged nerve fibers. However, a significant number of children are not able to recover in any significant way and must live with the limitations of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to fair compensation.

To establish the value of your case your lawyer will collaborate with doctors who are experts in treating these ailments to develop a life-long cost-of-living estimate. This will help determine the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor involved in your child's birth had an history of similar malpractice cases.

When your lawyer has a solid understanding of your child's injuries after which she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase which involves exchanging evidence including expert opinions, depositions medical records, and more. This is an essential aspect of your legal defense because it allows you to develop your arguments. It could take up to one year to arrive at a settlement.

Settlement

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

Your lawyer will have to gather evidence to prove malpractice that caused the brachial plexus injuries to your child, which could include medical documents, witness statements, and expert testimony. Once your lawyer has collected the evidence, he will make a claim against the defendants. They are typically the medical professionals who delivered your child. The defendants will be given a specific period of time to respond to the lawsuit, and during this discovery stage each side will gather additional evidence to support their assertions.

Most lawsuits are settled out of court instead of going to trial, Vimeo because it's cost-effective for all parties involved. If your lawyer is confident that they will prevail in the case at trial and decides to pursue it to an appeal to a jury verdict. A successful verdict will give families a sense justice and increase awareness of how to avoid any future birth injuries. If, however, your verdict is not in your favor then you may appeal the decision. While this process can take more time, it can also increase the amount of the compensation you receive.