sheridan erb's palsy law firm Palsy Litigation

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

If you win your lawsuit, your family can receive compensation for medical bills of your child as well as future treatment. Find out more about the crete erb's Palsy attorney palsy litigation procedure.

The Legal Process

Families file Erb's Palsy lawsuits to recover the cost of medical treatment and other expenses. The amount of money offered in a settlement is dependent on the specific situation of your child and the extent of their injuries, but it can easily go into the millions of dollars.

Many of Erb's palsy lawsuits have been settled out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can significantly speed up the legal process and avoid your family from facing jurors or judges. If your family members cannot reach the terms of settlement, you'll need to go to trial. This can take a significant amount of time, but can also result in a larger award.

The brachial nerves control the movement of the arm. A forceful pull on the neck, head, arms or shoulders during labor and birthsuch as when doctors use forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. This condition is usually preventable. Families seek to make negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness about the birth injury that could have been prevented. In the past, these lawsuits have helped families get a fair financial settlement and get their child's life back on the right track.

Mediation or Arbitration

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

Many lawsuits are settled outside of court. This means that plaintiffs can receive compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers are likely to seek an agreement prior to the trial begins.

If you're not able to settle your dispute your case will be sent to arbitration. A neutral third party will consider both sides and decide who will win the case. This hearing is more informal than a court case, but it is important to present witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You may either have your witnesses attend the hearing or present their statements through video conferencing. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas prior to the hearing. In addition, you must have your witnesses' addresses and telephone numbers on file in case they are called as witnesses in the future.

Complaints in Court

Many children who suffer from Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some will require surgery to fix torn or damaged nerve fibers. A significant number of children are never able to recover and must continue to live their lives suffering the effects of this birth injury. Parents who believe their child's Erb's syndrome was the result of negligence by a medical professional during the birth process have the right to seek fair compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors that specialize in treating this condition to develop the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer can also help you obtain copies of your child's medical records and determine if the doctor responsible for the birth of your child had a history of similar malpractice cases.

When your lawyer has a thorough understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal action because it allows both sides to develop their arguments. Settlements can take as long as one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer may be able get compensation to cover medical costs and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will have to gather evidence to prove negligence that caused your child's brachial plexus injury and may include medical records, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will then be given a set amount of time to respond to the suit, 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 since it's more cost-effective for all parties involved. If your lawyer believes that they can win at trial, they may decide to take the case to an appeals court verdict. A successful verdict in a birth injury lawsuit can give families a sense of justice and can help increase awareness and prevent these types of injuries from occurring in the future. If your verdict is not favorable you can appeal. This could take a bit longer, but it will increase the amount you are awarded.