rockwood erb's palsy law firm Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family members find closure. The process of litigation is complex and requires an experienced lawyer.

A successful lawsuit could award your family compensation for child's medical expenses and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason for families to start an Erb's Palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement will depend on your child's specific case and the extent of their injuries, but it can easily go into the millions of dollars.

Many of Erb's palsy lawsuits have been resolved outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that pleases both parties. This can significantly speed up the legal process and save your family from having to appear before jurors or judges. If your family is unable to reach an agreement on a settlement then you'll need to appear in court. This can take a lot of time, however it can also result in a bigger amount.

The brachial plexus is a group of nerves which control movement within the arm. During labor and delivery 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. This type of injury is usually avoidable. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also wish to spread the word about this birth injury that could have been prevented. In the past these lawsuits have helped families obtain a fair financial settlement to help their child's future.

Arbitration or Mediation

If your child suffered an injury to the brachial nerve during birth due to medical negligence, an Benton erb's palsy attorney Palsy settlement could help you pay for their treatment. This could include treatment, therapy as well as assistive devices and operations.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers are likely to attempt to negotiate a settlement before the trial gets underway.

If you are unable to reach a settlement the case will go to arbitration. This means that an impartial third party will take in both sides and decide who wins the case. This type of hearing is more informal than a court case, but it is important to present witnesses and other physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You may either invite your witnesses to the hearing or give statements via videoconferencing. Subpoenas need to be sent in advance to all witnesses in order that they are aware the requirement to be present at the hearing. In addition, you must keep your witnesses' addresses and telephone numbers on file in case they're called to testify in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some children will need surgery to repair the torn nerve fibers. However, a significant number of children don't recover in any significant way and will be left with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair amount of compensation.

To establish the value of your case the lawyer will work with doctors who specialize in treating these conditions to come up with a lifetime cost-of living estimate. This will help determine the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer can also help you obtain copies of your child's medical records, and also determine whether the doctor who delivered your child had a previous history of malpractice cases.

When your lawyer has a solid knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will go through the discovery phase, which includes exchanging evidence including expert opinions, depositions and medical documents, and so on. This is a crucial part of your legal action since it allows both sides to build their arguments. Settlements can last for up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to get compensation for medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer must collect evidence to prove the error that caused the brachial plexus injury to your child, which could include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they'll file the lawsuit against the defendants, who are typically the medical professionals who delivered your child. The defendants are given a specified period of time to respond to the lawsuit, and during this process of discovery both sides will gather additional evidence to support their assertions.

Most lawsuits are settled out of court rather than going to trial as it is cheaper for everyone involved. If your attorney is confident that they can win the case in court, they might decide to try to get a jury verdict. A successful verdict will bring families a sense that justice has been done and help spread awareness about ways to avoid future birth injuries. If the verdict you receive is not favorable you can appeal. This could take a bit longer, but it can increase the amount you receive.