Erb's Palsy Litigation

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

A successful lawsuit could grant your family compensation for your child's medical bills as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon your child's specific case and the severity of their injuries, but it could easily reach the thousands of dollars.

Many of the St paul erb's Palsy lawsuit Palsy lawsuits are settled out of court. The lawyers for both the plaintiff and the defendant will collaborate to negotiate an acceptable settlement to both parties. This can significantly shorten the legal process and save your family from having to go before the jury or judge. If your family is not able to come to a deal, you will need to appear in the court. This can take a long time, but it could also result in a larger award.

The brachial complex is a collection of nerves that control movement in the arm. The forceful pulling of the head, neck, arms, or shoulders during labor and deliverysuch as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves, causing east grand forks erb's palsy lawyer palsy. In many instances, the injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness about the birth injury which could have been prevented. In the past these lawsuits have helped families receive an equitable financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured during the womb because of medical negligence, and suffered from brachial palsy, an Erb's Palsy settlement could help you to pay for their medical treatment. This could include therapy, treatment devices, assistive devices, and operations.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers are likely to attempt to negotiate an agreement prior to the trial begins.

If you're unable to agree to a settlement your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This type of hearing is more informal than a court trial but it is essential to present witnesses and other physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses present at the hearing in person, or you can present their testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses so they are aware of the requirement that they attend the hearing. You should 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 Court

Many children with Erb's Palsy can overcome physical limitations through intense daily physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a significant proportion of children will not recover to any measurable degree and will be forced to live with the limitations of this birth injury for life. Parents who believe their child's Erb's syndrome was the result of negligence in the delivery process have the right claim an appropriate amount of compensation for the injuries suffered by their child.

To determine the worth of your case, your lawyer will work with doctors who are experts in treating these ailments to develop a life-long cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's settlement for palsy. Your lawyer can also help you get copies of your child's medical records and investigate whether the doctor involved in your child's birth had previous malpractice cases.

If your lawyer has a clear understanding of the child's injuries she will bring a lawsuit against the defendants. Both sides 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 part of your legal action because it allows both sides to present their case. Settlements can last up to one year.

Settlement

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

Your lawyer will need to collect evidence to prove the negligence that caused your child's brachial plexus injury that could include medical documents, witness statements, and expert testimony. Once your lawyer has collected the evidence, they will bring a lawsuit against the defendants. These are usually the medical professionals that provided your child with. The defendants will then be given a specified time frame to respond. In this phase of discovery, each side will gather evidence to support their claims.

Most lawsuits settle out of court, instead of going to trial, as it's more cost-effective for all parties involved. If your lawyer believes that they can win in court, they could decide to pursue the case all the way to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and can help increase awareness in order to prevent these types of injuries from happening again in the future. If the verdict you receive is not favorable, you can appeal. This could take a bit longer, but it will raise the amount you receive.