Erb's Palsy Litigation

In the aftermath of your child's brachial plexus injury can help bring your family and you closure. The process of suing can be complicated and requires a skilled lawyer.

A successful lawsuit may award your family compensation for child's medical bills and any future treatment. Read on to learn more about the Erb's-Palsy lawsuit procedure.

The Legal Process

The most frequent reason families file an hyattsville erb's palsy lawyer palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the specific situation of your child and the severity of their injuries, but it can easily go into the millions of dollars.

Many of the Erb's Palsy lawsuits have been settled out of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can speed up the legal process by a significant amount and save your family from having a judge or jury decide the case. If your family members are unable to agree on a settlement the family will have to go to court. This can take a long time, but it can also potentially result in a larger award.

The brachial plexus is a set of nerves that control movement in the arm. The forceful pulling of the head, neck, arms or shoulders during labor and deliverylike when doctors employ forceps or vacuum extractors excessively -- can damage these nerves, causing Erb's palsy. This type of injury is usually preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to create awareness of the birth injury that could have been avoided. In the past, these lawsuits have helped families receive an equitable settlement in order to ensure their child's future.

Mediation or Arbitration

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

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers are likely to seek an agreement prior to the trial begins.

If you fail to reach an agreement, the case will go to arbitration. This means that a neutral third party will hear both sides and determine who will win the case. This type of hearing is more informal than a court case, however it is vital to provide witnesses and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to attend the hearing in person, or you can present their testimony via video conferencing. You must ensure that all of your witnesses are aware they are required to attend the hearing by submitting subpoenas prior to the hearing. You must also keep your witnesses' numbers and addresses on file in case you need to contact them for an upcoming witness.

A complaint to the court

Many children suffering from Donora erb's palsy lawyer palsy can overcome physical limitations through intense physical therapy every day. Some will require surgery to fix torn or separated nerve fibers. However, a substantial proportion of children don't recover in any significant way and will be left with the handicaps of this birth injury for the rest of their life. Parents who believe their child's Erb's palsy was the result of negligence by a medical professional during the birth procedure have the right to seek fair compensation for their child's injuries.

To determine the worth of your case your lawyer will collaborate with specialists in treating these conditions to develop a life-long cost-of-living estimate. This will allow you to determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records, and look into whether the doctor who treated your child's diagnosis had a prior medical malpractice case.

When your lawyer is aware of the injuries of your child and the child's injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal proceedings because it allows both sides to construct their arguments. Settlements can last for up to one year.

Settlement

If your Erb's palsy lawsuit is successful your lawyer could be able obtain compensation to pay for medical costs, future treatment costs and adaptive devices, as well as physical therapy. You may receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well expert testimony. Once your lawyer has gathered the evidence, he or she will file a lawsuit against the defendants. These are usually the medical professionals who gave your child. The defendants are then given a specific period of time to respond. In the discovery phase each side will gather evidence to support its claims.

Most lawsuits settle out of court, instead of going to trial because it's cost-effective for all parties involved. If your attorney is convinced that they will win the case at trial it could be decided to try to get a jury verdict. A successful verdict could bring families a sense that justice has been done and increase awareness of how to prevent future birth injuries. If your verdict is not favorable, you can appeal. The process could take longer, but it will increase the amount you are awarded.