Erb's Palsy Litigation

The legal process in the aftermath of your child's plexus brachial injury can bring you and your family closure. However, the process of litigation is complex and requires expert legal representation.

If you win your lawsuit, your family could receive compensation for Erb's palsy Lawsuits medical bills of your child and future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file erb's palsy lawyer Palsy lawsuits to seek the cost of medical treatment and other expenses. The amount of money awarded will depend on the severity of your child's injuries and the specific case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers of both the plaintiff and defendant come together to negotiate a settlement that is acceptable to both parties. This can shorten the legal process considerably and spare your family from having a judge or jury decide the case. If your family members are unable to reach a settlement the family will have to appear in the court. This can take a long time, however, it could result in a bigger award.

The brachial area is a group of nerves that regulate movement within the arm. During labor and delivery excessive forceful pulling on the neck, head, or shoulders, or on arms, could cause nerve damage, resulting in Erb's Palsy. In many cases, this injury is preventable. Families bring lawsuits to make negligent healthcare providers accountable for erb's palsy lawsuits the harm they cause. They also wish to raise awareness about this birth injury which could have been prevented. In the past the lawsuits have helped families secure an equitable financial settlement and help their child get back on path.

Arbitration or Mediation

If your child was injured by a brachial plexus injury during birth due to medical negligence, an Erb's settlement can help you pay for his or her treatment. This could include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a court could invalidate a verdict handed down by a jury. Your lawyer and hospital's lawyers will likely try to reach an agreement prior to the trial starts.

If you are not able to reach an agreement, your case will be sent to arbitration. A neutral third party will listen to both sides and decide who wins the case. This type of hearing can be more informal than a trial, however it's crucial to present witnesses and evidence for the hearing.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can either have your witnesses attend the hearing or give statements via videoconferencing. You must ensure that all witnesses are aware that they will be required to appear at the hearing by submitting subpoenas before the hearing. You must also keep the numbers of your witnesses and addresses on file, in case you have to contact them for witnesses in the future.

Complaint to the Court

Many children suffering from the condition Erb's-Palsy can overcome their physical limitations with daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. A significant number of children do not recover and are forced to live suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair amount of compensation.

Your lawyer will collaborate with doctors that specialize in treating this condition to develop an estimated cost of living for life estimate. This will help determine the amount you're entitled to from the settlement you received for your erb's palsy law firms syndrome. Your lawyer will also help you get copies of your child's medical records and investigate whether the doctor involved in the birth of your child had previous malpractice cases.

Once your lawyer has identified the injuries of your child, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial aspect of your legal action since it allows both sides to construct their arguments. It can take as long as one year to negotiate a settlement.

Settlement

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

Your lawyer will need to gather evidence to prove the mistake that led to 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 file the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants will be given a set amount of time to respond to the lawsuit, and during the discovery phase both sides will collect additional evidence to back their assertions.

Most lawsuits are settled out of court rather than going to trial, as it's more cost-effective for all parties involved. If your attorney is confident that they can win the case at trial it could be decided to pursue it to a jury verdict. A successful verdict in an injury lawsuit for birth can provide families with a sense justice, and also help to raise awareness in order to prevent these types of injuries from happening again in the future. If the verdict isn't favorable, you can appeal. While this process can take more time however, it could also increase the amount of the amount you are awarded.