Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial injury can bring you and your family closure. The litigation process can be complicated and requires a skilled lawyer.

If you are successful in your lawsuit, your family could receive compensation for medical bills of your child and future treatment. Find out more about the lake bluff erb's palsy lawyer syndrome lawsuit procedure.

The Legal Process

Families file Cheboygan Erb's Palsy Lawyer Palsy lawsuits to seek compensation for medical expenses and other expenses. The amount of money awarded depends on the severity of your child's injuries and the particular situation. It could easily reach millions of dollars.

Many cases involving Erb's palsy have been settled out of court. The lawyers of both the plaintiff and the defendant will collaborate to negotiate a settlement that is acceptable to both parties. This could speed up the legal process significantly and keep your family from having a judge or jury decide their case. If your family members cannot reach a settlement you will have to go to trial. This can take a significant amount of time, however it can also result in a bigger award.

The brachial plexus is a group of nerves that control movement in the arm. Forceful pulling on the neck, head, shoulders or arms during labor and deliverylike when doctors make use of forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. In many cases, this injury is preventable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about this birth injury which could have been prevented. In the past, these lawsuits helped families get an equitable financial settlement that helped their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's Palsy settlement can help pay for their care. This could include surgeries, therapy, assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a court could invalidate a verdict handed down by a jury. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement before the trial begins.

If you're unable to reach a settlement the case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. The hearing may be more informal than a trial, but it is crucial to present witnesses and evidence to the hearing.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can witness your witnesses attend the hearing or submit their statements via videoconferencing. You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas prior to 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 with Erb's -Pallsy can overcome physical limitations through intensive daily physical therapy. Some children will require surgery to repair the torn nerve fibers. A significant number of children are not able to recover and will have to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to fair compensation.

To determine the value of your case the lawyer will work with doctors who are experts in treating these conditions to develop a life-long cost-of-living estimate. This helps determine how much you are entitled to receive from the Erb's palsy settlement. Your lawyer will also help you get copies of your child's medical records and investigate whether the doctor who was involved in your child's birth had previous malpractice cases.

Once your lawyer understands the injuries suffered by your child then she will bring a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal argument because it allows you to build your case. It could take up to an entire year before you can negotiate a settlement.

Settlement

If your Erb's-Pallsy lawsuit is a success the lawyer may be able to obtain compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices along with physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the injury to the brachial plexus in your child. This could include medical records and testimony from witnesses as well as expert testimony. After your lawyer has gathered the evidence, they will bring a lawsuit against the defendants. They are typically the medical professionals who provided your child with. The defendants are then given a set amount of time to respond. In the discovery phase the parties will gather evidence to support its claims.

Most lawsuits are settled out of court rather than go to trial because it's cheaper for all parties involved. If however, your attorney believes that they can win at trial, they may decide to pursue the case to the verdict of a jury. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and help raise awareness to prevent these types of injuries from occurring in the future. If the verdict isn't favorable you may appeal. While this process could take more time however, it could also increase the amount of the compensation you receive.