Erb's Palsy Litigation

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

If you prevail 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 erb's palsy attorney palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to get the cost of medical treatment and other expenses. The amount of money that is awarded in a settlement depends on the particular situation of your child as well as the severity of their injuries but it could easily reach the thousands of dollars.

Many of the Erb's Palsy lawsuits settle out of court. The lawyers of both the plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This can shorten the legal process by a significant amount and save your family from having a jury or judge decide the case. However, if the family members are unable to agree on an agreement, you'll have to go to trial. This can take a lot of time, but can also result in a bigger award.

The brachial nerves regulate the movement of the arm. Forceful pulling on the head, neck, arms or shoulders during labor and delivery -- such as when doctors use forceps or vacuum extractors excessively -- can damage these nerves and cause erb's palsy Law firms palsy. In many instances, the injury is preventable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to raise awareness of this birth injury that could have been prevented. In the past these lawsuits have helped families receive an equitable financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured during the womb because of medical negligence, and suffered from brachial paralysis, an Erb's settlement for palsy can help to pay for their medical treatment. This may include therapy, treatment as well as assistive devices and surgeries.

Many lawsuits settle without court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a judge might overturn a decision made by a jury. Your lawyer and hospital's lawyers will probably attempt to reach an agreement before the trial begins.

If you're not able to settle your dispute the case will go to arbitration. A neutral third party will hear both sides and decide who will win the case. This type of hearing is more informal than a court case, but it is essential to present witnesses and other physical evidence.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can present at the hearing in person or you can provide their statements via video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware of the requirement to be present at the hearing. Additionally, you should have the addresses of your witnesses and phone numbers on file in the event that they are needed as a witness in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through intensive daily physical therapy. Some will require surgery to repair sprained or separated nerve fibers. A large number of children do not recover and are forced to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

To establish the value of your case Your lawyer will work with doctors who are experts in treating these ailments to develop a lifetime cost-of-living estimate. This is used to determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records and determine whether or not the doctor who treated your child's diagnosis had a prior history of malpractice cases.

Once your lawyer understands the injuries suffered by your child then she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal argument because it allows you to develop your case. Settlements can take as long as one year.

Settlement

If your Erb's palsy lawsuit is a success your lawyer might be able obtain compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices, as well as physical therapy. You could be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will need evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records and witness statements as well as expert testimony. Once your lawyer has gathered the evidence, he will make a claim against the defendants. They are typically the medical professionals that delivered your child. The defendants will be given a set amount of time in which to respond to the suit, and during the discovery phase both sides will collect additional evidence to support their assertions.

Most lawsuits are settled out of court instead of going to trial due to the fact that it is cost-effective for all parties involved. If your lawyer is confident that they will win the case in court they may decide to take it to a jury verdict. A successful verdict will give families a sense of justice and help educate people about how to prevent future birth injuries. However, if the verdict is not in your favor it is possible to appeal the decision. This procedure could take longer, but it can increase the amount you get.