Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family will receive compensation for the medical expenses of your child and future treatment. Find out more about Erb's palsy lawsuit process.

The Legal Process

The most frequent reason for families to bring an Erb's palsy suit is to get compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific case. It can easily reach millions of dollars.

Many of the Erb's Palsy lawsuits are settled without court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can speed up the legal process considerably and keep your family from having a judge or jury decide the case. If, however, your family members cannot reach an agreement, you'll have to go to trial. It can take a long time, however, it could result in a higher amount.

The brachial plexus is a set of nerves that control movement within the arm. A forceful pull on the head, neck, arms or shoulders during labor and birthsuch as when doctors employ forceps or vacuum extractors in excess -- can damage these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to create awareness about the birth injury that could have been avoided. In the past the lawsuits have helped families obtain a fair financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child was injured in the womb by medical negligence and was later diagnosed with brachial paralysis, an Erb's Palsy settlement could help you pay for their care. This could include treatment, therapy, assistive devices, and procedures.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a court overturning a jury verdict. Your lawyer and the hospital's attorneys are likely to try to reach a settlement before the trial gets underway.

If you are unable to reach an agreement, your case will be referred to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. This hearing is more informal than a court trial, but it is important to provide witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You may either witness your witnesses attend the hearing or provide their statements through video conferencing. You must ensure that all your witnesses are aware they must 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 have to contact them as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome their physical limitations with intense physical therapy every day. Some may require surgery to repair sprained or separated nerve fibers. However, a significant number of children do not recover in any way and will be left with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe their child's folcroft pacifica erb's palsy law firm Palsy lawsuit (https://vimeo.Com/707133034) paralysis was due to medical negligence during the birth process have the right to claim fair compensation for their child's injuries.

To determine the value of your case your lawyer will collaborate with doctors who specialize in treating these conditions to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and look into whether or not the doctor who gave you your child's diagnosis had a prior medical malpractice case.

If your lawyer has a clear understanding of the injuries suffered by your child, she will make a claim against the defendants. Both parties will go through the discovery phase which includes exchanging evidence including expert opinions, depositions medical documents and more. This is a crucial part of your legal case because it helps you build your case. It can take as long as an entire year before you can negotiate a settlement.

Settlement

If your Erb's palsy lawsuit is successful your lawyer might be able to secure compensation to pay for medical expenses as well as future treatment costs. adaptive devices along with physical therapy. You could be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will need evidence to show that malpractice caused the brachial plexus injury in your child. This could include medical records, witness statements as well as expert testimony. After your lawyer has gathered the evidence, they will file a lawsuit against the defendants. They are typically the medical professionals who have delivered your child. The defendants will then be given a specific amount of time to respond to the lawsuit, and during this process of discovery each side will gather additional evidence to back their claims.

Most lawsuits are settled out of court rather than going to trial due to the fact that it is more cost-effective for all parties involved. If however, your attorney is confident they can win in court, they might choose to take the case to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice and raise awareness to prevent these types of injuries from occurring in the future. If the verdict isn't favorable you may appeal. While this process could take more time but it also increases the amount of the amount you are awarded.