Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family get closure. The litigation process can be complicated and requires an experienced lawyer.

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

The Legal Process

The most popular reason families pursue an Erb's-related lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular situation. It can easily reach millions of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. The lawyers representing both the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can speed up the legal process dramatically and keep your family from having a judge or jury decide their case. If your family members cannot reach the terms of settlement, you'll need to go to trial. This could take a long amount of time, but it could also result in a larger amount.

The brachial plexus is a group of nerves that regulate movement in the arm. Forcing the head, neck, shoulders or arms during labor and delivery -like when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm these nerves, causing Erb's palsy. This injury is often prevented. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness about the birth injury that could have been prevented. In the past these lawsuits have allowed families to obtain an equitable financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child was injured during the womb by medical negligence and was later diagnosed with brachial paralysis, an Erb's settlement for palsy can help cover the cost of their treatment. This could include therapy, surgery as well as assistive devices and treatment.

Many lawsuits settle outside of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers are likely to attempt to reach a settlement prior to when the trial gets underway.

If you are not able to reach an agreement, the case will be sent to arbitration. This means that an impartial third party will hear both sides and decide who will win the lawsuit. This type of hearing is more informal than a court trial but it is important 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. You can have witnesses attend the hearing in person, or they can give their testimony through video conferencing. Subpoenas must be sent in advance to all witnesses to ensure that they are aware of the requirement to attend the hearing. You must also keep the names of witnesses' telephone numbers and addresses on file, in case you need to contact them as an upcoming witness.

A complaint to the court

Many children suffering from vandalia erb's palsy attorney palsy are able to overcome physical limitations by intense daily physical therapy. Some may require surgery to fix torn or separated nerve fibers. A significant number of children will never recover and have to live their lives with the effects of this birth injury. Parents who believe that their child's claremont erb's Palsy attorney palsy was due to medical negligence during the delivery process have the right to claim fair compensation for their child's injuries.

Your lawyer will work with doctors who specialize in treating this condition to create a lifetime cost of living estimate. This is used to determine how much you're entitled to from the Erb's palsy settlement. Your lawyer can also assist you get copies of your child’s medical records, and investigate whether the doctor who treated your child's care had a medical malpractice case.

When your lawyer has a clear understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase that involves exchanging evidence like expert opinions, depositions medical records, and more. This is a crucial aspect of your legal proceeding because it gives both sides the chance to develop their arguments. Settlements can take up to one year.

Settlement

If your chino valley erb's palsy lawsuit palsy lawsuit is successful the lawyer may be able to obtain compensation to pay for medical expenses, future treatment costs and adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of living.

Your lawyer will require evidence to show that malpractice caused the brachial plexus injury in your child. This could include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has collected the evidence, he or she will file a lawsuit against the defendants. They are typically the medical professionals who have delivered your child. The defendants will then be given a specific amount of time to respond to the lawsuit, and during this discovery phase, both sides will gather more evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial since it is cheaper for everyone involved. If your lawyer is confident that they will prevail in the case in court they may decide to try to get the jury. A successful verdict could provide families with a sense of justice and help spread awareness about ways to avoid future birth injuries. If your verdict isn't favorable, you can appeal. This could take a bit longer, but it can increase the amount you get.