erb's palsy lawyers Palsy Litigation

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

A successful lawsuit could award your family members compensation for your child's medical bills and any future treatment. Learn more about the Erb's palsy law firms palsy lawsuit process.

The Legal Process

Families file lawsuits against Erb's palsy to obtain the cost of medical treatment and other expenses. The amount of money offered in a settlement is dependent on your child's specific case and the severity of their injuries, however, it can easily rise to the millions of dollars.

Many of the lawsuits involving Erb's Psy are settled without court. The lawyers of both the plaintiff and defendant will work together to find an acceptable settlement to both parties. This could cut down the legal process by a significant amount and prevent your family from having a judge or jury decide their case. If your family is unable agree on a settlement the family will have to appear in court. This could take a long amount of time, but could also result in a larger settlement.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling of the neck, head, or shoulders, or on the arms can cause damage to these nerves, leading to Erb's palsy. The injury is often preventable. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness about this birth injury that could have been avoided. In the past, these lawsuits helped families secure a fair financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured while in the womb by medical negligence, and suffered from brachial palsy, an Erb's Palsy settlement can help you to pay for their medical treatment. This may include treatment, therapy, assistive devices, and operations.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by jurors. Your lawyer and hospital's attorneys are likely to try to reach a settlement prior to when the trial begins.

If you are unable to reach an agreement, the case will be referred to arbitration. This means that an impartial third party will listen to both sides and determine who wins the lawsuit. This type of hearing is more informal than a court trial, but it is essential to present witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to be present at the hearing. You can witness your witnesses attend the hearing or give statements using video conferencing. Subpoenas should be sent in advance to all witnesses so they are aware of the requirement to be present at the hearing. You must also keep your witnesses' phone numbers and addresses on file in case you need to contact them for a future witness.

Complaint in the Court

Many children who suffer from Erb's syndrome can overcome their physical limitations with daily physical therapy. Some children will need surgery to repair damaged nerve fibers. A large percentage of children do not recover and are forced to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb's syndrome was the result of medical negligence during the delivery process have the right to claim fair compensation for the injuries suffered by their child.

Your lawyer will work with specialists in treating this condition. They will create a 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 assist you get copies of your child's medical records, and investigate whether or not the doctor who performed surgery on your child's treatment had a previous medical malpractice case.

Once your lawyer has a thorough knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase which includes exchanging evidence such as expert opinions, depositions medical documents and more. This is a vital part of your legal proceedings because it gives both sides the chance to present their case. It could take up to one year to negotiate a settlement.

Settlement

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

Your lawyer will have to gather evidence to prove malpractice that caused the brachial plexus injury to your child and may include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, he or she will file a lawsuit against the defendants. They are typically the medical professionals that have delivered your child. The defendants will then be given a certain amount of time to reply to the suit, and during this discovery phase each side will gather additional evidence to support their assertions.

Most lawsuits are settled out of court rather than going to trial, as it's cheaper for all parties involved. If your lawyer is confident that they will prevail in the case at trial they may decide to pursue it to an appeal to a jury verdict. A successful verdict can provide families with a sense of justice and help spread awareness about how to avoid any future birth injuries. If your verdict is not favorable you can appeal. Although this process may take longer but it also can increase the amount of the compensation you receive.