erb's palsy attorneys Palsy Litigation

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

A successful lawsuit could award your family compensation for your child's medical expenses and future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

The most common reason for families to pursue an Erb's-related lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries and the particular situation. It could easily amount to millions of dollars.

Many cases involving Erb's palsy are settled out of court. The lawyers of both the plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This can shorten the legal process considerably and save your family from having a judge or jury decide the case. If your family members are unable to agree on the terms of settlement, you'll need to go to trial. This can take a significant amount of time, but could also result in a bigger amount.

The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head arms or shoulders during labor and birth- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves and lead to Erb's palsy. This type of injury is usually prevented. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past these lawsuits allowed families to obtain an appropriate financial settlement to get their child's life back on path.

Mediation or Arbitration

If your child has suffered a brachial plexus injury during pregnancy due to medical negligence, an Erb's Palsy settlement could help you pay for his or her care. This may include treatment, therapy as well as assistive devices and operations.

Many lawsuits are settled outside of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely try to reach a settlement prior to when the trial gets underway.

If you are unable settle your dispute your case will be sent to arbitration. This means that a neutral third party will listen to both sides and determine who wins the case. The hearing may be more informal than a trial, erb's Palsy law firms however it is crucial to present witnesses and evidence in the proceedings.

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

Complaint in Court

Many children who suffer from Erb's Palsy law firms Palsy can overcome physical limitations with intensive daily physical therapy. Some children will need surgery to repair damaged nerve fibers. A large number of children are never able to recover and must continue to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb's paralysis was the result of negligence by a medical professional during the birth process are entitled to seek fair compensation for the injuries suffered by their child.

To establish the value of your case the lawyer will work with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This determines the amount you're entitled to from the Erb's palsy settlement. Your lawyer will also help you get copies of your child's medical records and determine if the doctor involved in the birth of your child had an history of similar malpractice cases.

If your lawyer has a clear understanding of the child's injuries she will start a lawsuit against 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 important part of your legal argument because it allows you to construct your case. Settlements can last for up to one year.

Settlement

If your Erb's-Pallsy lawsuit is successful, your lawyer might be able to obtain compensation to cover medical expenses for future treatment, future costs for treatment and adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will have to gather evidence to prove the mistake that led to your child's brachial plexus injury that could include medical records, witness statements, and expert testimony. Once your attorney has gathered the evidence, they'll start a lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants are then given a set amount of time to respond. In this phase of discovery each side will collect evidence to prove its case.

Most lawsuits are settled out of court, rather than going to trial as it is cost-effective for all parties involved. If your attorney is confident that they will win the case at trial and decides to go to an appeal to a jury verdict. A successful verdict can bring families a sense that justice has been done and help spread awareness about how to prevent future birth injuries. If the verdict you receive is not favorable, you can appeal. While this process could take longer however, it could also increase the amount of the amount you are awarded.