Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family get closure. The process of suing can be complicated and requires a skilled lawyer.

If you are successful in your lawsuit, your family could receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb's Palsy lawsuit process.

The Legal Process

The most popular reason families pursue an Erb's-related lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on the specific situation of your child and the severity of their injuries but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and defendant will work together to find a settlement that is acceptable to both parties. This can significantly shorten the legal process and save your family from having to face the jury or judge. If your family is not able to come to a deal then you'll need to appear in the court. It can take a long time, however, it could result in a higher award.

The brachial nerves regulate the movement of the arm. A forceful pull on the head, neck, shoulders or attorneys arms during labor and delivery- such as when doctors use forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families receive an affordable financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured in the womb as a result of medical negligence and was later diagnosed with brachial paralysis, an Erb's Settlement for palsy could help you pay for their treatment. This could include therapy, treatment, assistive devices, and operations.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely seek a settlement prior to when the trial gets underway.

If you are not able to reach an agreement, the case will be sent to arbitration. This means that an impartial third party will hear both sides and decide who will win the case. This kind of hearing could be more informal than a trial, but it is crucial to present witnesses and evidence in the proceedings.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can either invite your witnesses to the hearing or give testimony via video conferencing. Subpoenas should be sent in advance to all witnesses in order they are aware of the requirement to attend the hearing. Keep the names of witnesses' telephone numbers and addresses on file in case you need to contact them for a future witness.

Complaints in Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intense physical therapy every day. Some will require surgery to repair sprained or separated nerve fibers. A large percentage of children are not able to recover and will have to live their lives suffering the effects of this birth injury. Parents who believe that their child's jacksonville erb's palsy law firm palsy was due to medical negligence during the birth procedure have the right to seek fair compensation for their child's injuries.

Your lawyer will collaborate with specialists in treating this condition to produce the lifetime cost of living estimate. This helps determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor who was involved in your child's birth had prior experience with similar malpractice cases.

When your lawyer has a solid knowledge of the injuries suffered by your child and the extent of the injuries, 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 a crucial part of the legal process because it gives both sides the chance to construct their arguments. Settlements can take as long as one year.

Settlement

If your Erb's palsy lawsuit is a success your lawyer could be able to get compensation to pay for medical costs as well as future treatment costs. adaptive devices along with physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will have to collect evidence to prove the malpractice that caused your child's brachial-plexus injury, which could include medical records, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will file a lawsuit against the defendants. These are usually the medical professionals that provided your child with. The defendants are given a certain amount of time to respond to the suit, and during this discovery phase both sides will collect additional evidence to support their assertions.

Most lawsuits are settled outside of court instead of going to trial since it is cost-effective for all parties involved. If your lawyer is confident that they will prevail at trial, they may choose to take the case to a jury verdict. A successful verdict can bring families a sense that justice has been done and help educate people about how to avoid any future birth injuries. If your verdict is not favorable, you can appeal. While this process can take longer but it also can increase the amount of the compensation you receive.