Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family get closure. The process of litigation is complex and requires an experienced lawyer.

If you win your lawsuit, your family will receive compensation for the medical expenses of your child and future treatment. Learn more about the bridgeport erb's palsy law firm-Palsy lawsuit process.

The Legal Process

The most popular reason families start an Erb's Palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific situation. It could easily amount to millions of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. The lawyers representing both the plaintiff and defendant will work together to find a settlement that is acceptable to both parties. This can drastically reduce the legal process and save your family from having to appear before a judge or jury. If your family is not able to reach an agreement on a settlement and you are unable to reach a settlement, you must appear in the court. This could take a long time, however, it could result in a larger award.

The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling on the neck, head, or shoulders, or on the arms, can result in damage to these nerves and cause Erb's palsy. In many instances, Vimeo the injury is preventable. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to spread awareness about this birth injury which could have been prevented. In the past the lawsuits have helped families get an appropriate financial settlement to get their child's life back on track.

Arbitration or Mediation

If your child suffered an injury to the brachial plexus in the womb due to medical negligence, an Erb's settlement can help you pay for their treatment. This could include treatment, therapy as well as assistive devices and operations.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a court could invalidate a verdict handed down by a jury. Your lawyer and the hospital's lawyers are likely to try to reach an agreement before the trial begins.

If you are not able to reach an agreement, your case will be referred to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. The hearing may be more informal than a trial, but it is crucial to present witnesses and evidence for the hearing.

You also need 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 you can provide their statements via video conferencing. Subpoenas must be sent in advance to all witnesses so they are aware of the requirement to be present at the hearing. In addition, you must have your witnesses' addresses and phone numbers on file in case they are called as a witness in the future.

Complaints in the Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations through daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a substantial proportion of children don't recover in any significant way and must live with the effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb's syndrome was the result of medical negligence during the delivery procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with specialists in treating this condition to develop the lifetime cost of living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who performed your child's birth had previous malpractice cases.

Once your lawyer has identified the child's injuries she will make a claim against the defendants. Both parties will go through the discovery phase which involves exchanging evidence such as expert opinions, depositions, additional medical records and more. This is a crucial aspect of your legal action since it allows both sides to develop their arguments. Settlements can take as long as one year.

Settlement

If your Erb's palsy suit is successful, your lawyer could be able get compensation that covers medical costs and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial area in your child. This may include medical records and witness statements, as well as expert testimony. After your lawyer has gathered the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals who have delivered your child. The defendants will be given a specified amount of time in which to respond to the lawsuit. during this process of discovery both sides will gather more evidence to support their assertions.

Most lawsuits are settled out of court rather than going to trial because it's cheaper for all parties involved. If your lawyer believes they will win in court, they might choose to take the case all the way to a jury verdict. A successful verdict in a birth injury lawsuit can give families a sense justice and help raise awareness to prevent these types of injuries from happening again in the future. If your verdict is not favorable to you You can appeal the decision. While this process can take more time but it also can increase the amount of the compensation you receive.