Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial plexus injury can bring your family and you closure. The process of litigation is complex and requires an experienced lawyer.

If you are successful in your lawsuit, your family can be awarded compensation for the medical bills of your child as well as future treatment. Learn more about the buena park erb's palsy law firm syndrome lawsuit process.

The Legal Process

Families file Erb's-Palsy lawsuits to recover compensation for medical costs and vimeo.com other expenses. The amount of money that is awarded in a settlement will depend on the particular situation of your child as well as the severity of their injuries, but can easily soar into the millions of dollars.

Many of the bartonville erb's palsy lawsuit Palsy lawsuits settle without court. The lawyers of both the plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties. This can significantly shorten the legal process and prevent your family from facing jurors or judges. However, if your family is unable to reach a settlement you will have to go to trial. This could take a long amount of time, but could also result in a larger settlement.

The brachial nerves control the movement of the arm. Forcing the neck, head arms or shoulders during labor and deliverylike when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. This injury is often preventable. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also want to create awareness about this birth injury that could have been avoided. In the past these lawsuits allowed families to obtain an affordable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child was injured by an injury to the brachial plexus in the womb due to medical negligence, an Erb's palsy settlement can help pay for his or her care. This could include surgery, therapy aidive devices, and treatment.

Many lawsuits settle out of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital attorneys will most likely attempt to reach an agreement prior to the trial beginning.

If you are unable to come to a deal the case will go to arbitration. This means that an impartial third party will listen to both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it is important to provide witnesses and evidence to the hearing.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can invite your witnesses to the hearing or submit their statements via videoconferencing. You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas ahead of time. Additionally, you must keep your witnesses' addresses and telephone numbers on file in case they are called as a witness in the future.

Complaints in Court

Many children suffering from Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. However, a substantial proportion of children do not recover to any measurable degree and will be forced to live with the limitations of this birth injury for life. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair amount of compensation.

To establish the value of your case the lawyer will work with doctors who are experts in treating these conditions to develop a lifetime 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 assist you get copies of your child's medical records and determine whether or not the doctor who delivered your child's care had a history of malpractice cases.

Once your lawyer understands the injuries of your child she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase, which includes exchanging evidence including expert opinions, depositions, additional medical records and more. This is an important part of your legal defense because it allows you to construct your arguments. It can take up to an entire year to settle a case.

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer might be able to obtain compensation to cover medical expenses including future treatment costs, adaptive devices, as well as physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove the mistake that led to your child's brachial plexus injury and may include medical documents, witness statements and expert testimony. Once your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants will be given a set amount of time in which to respond to the lawsuit, and during this discovery phase both sides will gather additional evidence to prove their claims.

Most lawsuits are settled out of court, rather than going to trial as it is cost-effective for everyone involved. If your attorney is confident that they will prevail in the case in court it could be decided to try to get the jury for a verdict. 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 kinds of injuries from occurring in the future. However, if the verdict is not in your favor then you may appeal the decision. This procedure could take longer, but can increase the amount you are awarded.