Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family find closure. However, the process of litigation is complicated and requires experienced legal representation.

If you are successful in your lawsuit, your family could be awarded compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason for families to file an erb's palsy lawyer palsy lawsuit is to recover compensation 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 particular case. It could easily reach millions of dollars.

Many of the lawsuits involving Erb's Psy are settled without court. Lawyers for the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This can drastically cut down on the legal process and avoid your family from having to go before a judge or jury. However, if the family members are unable to agree on 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 bigger award.

The brachial plexus is a set of nerves that regulate movement in the arm. During labor and birth excessive forceful pulling of the neck, head or shoulders, or on the arms, can damage these nerves, causing erb's palsy lawyers Palsy. In many instances, the injury is preventable. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness about the birth injury that could have been prevented. In the past, these lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on path.

Arbitration or Mediation

If your child was injured by an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's palsy settlement can help to pay for the care. This may include treatment, therapy devices, assistive devices, and surgeries.

Many lawsuits settle out of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and Erb's palsy Law firms hospital's lawyers are likely to attempt to negotiate a settlement prior to when the trial begins.

If you're not able to settle your dispute the case will be taken to arbitration. This means that a neutral third party will listen to both sides and determine who will win the case. This type of hearing is more informal than a court trial but it is essential to present witnesses and other physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can either have your witnesses attend the hearing or submit their statements via videoconferencing. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. You must also keep the numbers of your witnesses and addresses on file, in case you need to contact them for witnesses in the future.

Complaints in the Court

Many children suffering from Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some children require surgery to repair the torn nerve fibers. However, a substantial proportion of children don't recover to any measurable degree and will have to live with the handicaps of this birth injury for life. Parents who believe that their Erb's palsy law firms palsy in their child was the result of medical negligence during the delivery process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child.

To establish the value of your case your lawyer will collaborate with doctors who specialize in treating these ailments to come up with a lifetime cost-of living estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor who performed your child's birth had an history of similar malpractice cases.

Once your lawyer has a thorough understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of the legal process because it allows both sides to present their case. It can take as long as one year to reach a settlement.

Settlement

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

Your lawyer must gather evidence to prove the error that caused the brachial plexus injury to your child and may include medical documents, witness statements, and expert testimony. Once your lawyer has collected the evidence, they will file a lawsuit against the defendants. They are typically the medical professionals who gave your child. The defendants will be given a certain amount of time in which to respond to the lawsuit, and during the discovery phase both sides will gather more evidence to support their claims.

Most lawsuits are settled out of court, rather than going to trial as it is more cost-effective for everyone involved. If however, your attorney believes they will win at trial, they may decide to pursue the case all the way to the verdict of a jury. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and can help increase awareness in order to prevent these types of injuries from happening again in the future. If your verdict is not favorable you can appeal. While this process can take longer, it can also increase the amount of the compensation you receive.