northwood erb's palsy attorney Palsy Litigation

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

If you win your lawsuit, your family may receive compensation for the medical bills of your child and future treatment. Learn more about the Erb's Palsy lawsuit process.

The Legal Process

Families file Erb's Psy lawsuits to get the cost of medical treatment and other expenses. The amount of money awarded in a settlement is contingent upon the particular case of your child and the severity of their injuries but it could easily reach the thousands of dollars.

Many Erb's Palsy lawsuits have been settled without court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process and avoid your family from having to go before a judge or jury. If, however, your family is unable to reach an agreement, you'll have to go to trial. This can also take a long time however, it could result in a higher award.

The brachial plexus is a group of nerves which control movement in the arm. Forcing the neck, head arms, or shoulders during labor and birthsuch as when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to Erb's palsy. In many cases, this injury can be prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also wish to raise awareness about the birth injury that could have been avoided. In the past the lawsuits have allowed families to obtain an equitable financial settlement and help their child get back on the right track.

Mediation or Arbitration

If your child was injured while in the womb as a result of medical negligence and suffered brachial palsy, anErb's Palsy settlement could help you to pay for their medical treatment. This could include therapy, treatment, assistive devices, and surgeries.

Many lawsuits settle without court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a judge overturning a jury verdict. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement before the trial gets underway.

If you fail to reach an agreement, the case will be taken to arbitration. This means that an impartial third party will listen to both sides and determine who wins the lawsuit. This type of hearing is more informal than a court case, however, it is crucial 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. Witnesses may be required to present at the hearing in person, or they can give their testimony via video conferencing. You must ensure that all of witnesses are aware that they are required to attend the hearing by submitting subpoenas before the hearing. Also, keep your witnesses' numbers and addresses on file, in case you need to contact them as witnesses in the future.

Complaints in the Court

Many children who suffer from salem erb's palsy attorney syndrome can overcome physical limitations through intensive daily physical therapy. Some children may require surgery to repair damaged nerve fibers. However, a significant proportion of children will not recover to a significant degree 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 delivery process are entitled to fair compensation.

Your lawyer will collaborate with doctors that specialize in treating this condition to create an annual cost of living estimate. This will allow you to determine the amount of compensation you're entitled to through your belding erb's palsy law firm settlement for palsy. Your lawyer can also help you get copies of your child’s medical records and determine whether the doctor who delivered your child's diagnosis had a prior experience of malpractice.

Once your lawyer has a good 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 through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal case because it allows you to develop your arguments. It can take up to an entire year to reach a settlement.

Settlement

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

Your lawyer will require evidence to prove that negligence caused the injury to the brachial nerve in your child. This could include medical records, witness statements as well as expert testimony. After your lawyer has collected the evidence, they will start a lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants will be given a specific amount of time to respond to the lawsuit, and during the discovery phase, both sides will gather additional evidence to back their claims.

Most lawsuits are settled outside of court, rather than going to trial as it's more cost-effective for all parties involved. However, if your attorney believes that they can win at trial, they may decide to pursue the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit can provide families with a sense justice, and also help to raise awareness in order to prevent these types of injuries from happening in the future. If the verdict isn't favorable you can appeal. While this process can take more time but it also increases the amount of the compensation you receive.