Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial-plexus injury can bring your family and you closure. However, the litigation process is complicated and requires experienced legal representation.

If you are successful in your lawsuit, your family will receive compensation for the medical bills of your child and future treatment. Find out more about the grosse pointe farms erb's palsy law firm palsy litigation 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 in a settlement is dependent on the particular case of your child and the severity of their injuries, however, it can easily rise to the millions of dollars.

Many cases involving Erb's palsy settle without court. The lawyers for both plaintiff and defendant will collaborate to negotiate a settlement that is acceptable to both parties. This can shorten the legal process by a significant amount and keep your family from having a jury or judge decide their case. If, however, your family members cannot reach the terms of settlement, you'll need to go to trial. This can take a long time, but it can also potentially result in a bigger award.

The brachial plexus is a set of nerves which control movement in the arm. Forceful pulling on the neck, head, shoulders or arms during labor and deliverysuch as when doctors employ forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about the birth injury that could have been avoided. In the past these lawsuits have helped families receive an appropriate financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured during the womb due to medical negligence, and suffered from brachial palsy, anErb's Settlement for palsy could help you to pay for their medical treatment. This can include therapy, surgery as well as assistive devices and treatment.

Many lawsuits settle outside of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a judge might overturn a decision made by a jury. Your lawyer and the hospital's attorneys are likely to attempt to negotiate an agreement prior to the trial starts.

If you are unable come to a deal the case will go to arbitration. This means that a neutral third party will listen to both sides and determine who will win the case. This type of hearing is more informal than a court trial however, it is crucial to present witnesses and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to present at the hearing in person, or they can give their testimony through video conference. You must ensure that all your witnesses are aware that they must attend the hearing by submitting subpoenas ahead of time. Also, keep the names of witnesses' telephone numbers and addresses in the file in case you have to contact them for a future witness.

Complaint in Court

Many children suffering from Erb's palsy can overcome physical limitations with regular physical therapy. Some children will require surgery to repair torn nerve fibers. However, a significant number of children are not able to recover in any way and will be forced to live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe their child's Erb's syndrome was due to negligence in the delivery process are entitled to seek fair compensation for the injuries suffered by their child.

To determine the value of your case, your lawyer will work with specialists in treating these conditions to create a cost-of-living estimate. This will help determine the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records and determine if the doctor who was involved in the birth of your child had a history of similar malpractice cases.

If your lawyer has a clear understanding of the harms your child has suffered she will bring a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal case because it allows you to construct your case. Settlements can last for up to one year.

Settlement

If your auburn erb's palsy lawyer-Pallsy lawsuit is a success your lawyer might be able to secure compensation to pay for medical costs as well as future treatment costs. adaptive devices and physical therapy. You may be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove the error that caused the brachial plexus injury to your child which could include medical documents, witness statements and expert testimony. Once your attorney has gathered this evidence, they'll bring the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants are then given a specific amount of time to respond. In this phase of discovery the parties will gather evidence to prove its case.

Most lawsuits are settled outside of court, rather than going to trial due to the fact that it is cheaper for everyone involved. If your lawyer is confident that they will prevail in the case in court it could be decided to try to get the jury. A successful verdict in an injury lawsuit for birth can bring families a sense of justice, and also help to raise awareness to prevent these types of injuries from happening in the future. If, however, your verdict is not in your favor, you can appeal the decision. While this process could take longer however, it could also increase the amount of the compensation you receive.