Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family to find closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

If you win your lawsuit, your family will be awarded compensation for the medical bills of your child as well as future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

Families file Erb's-Palsy lawsuits to recover the cost of medical treatment and other expenses. The amount of money offered in a settlement will depend on the particular situation of your child as well as the severity of their injuries, but can easily soar into the millions of dollars.

Many of the Erb's Palsy lawsuits have been settled out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can speed up the legal process considerably and spare your family from having a jury or judge decide the case. If your family is unable to agree on a settlement the family will have to go to the court. This can take a considerable amount of time, but can also result in a bigger award.

The brachial plexus is a set of nerves that regulate movement within the arm. The forceful pulling of the neck, head arms, or shoulders during labor and birthsuch as when doctors use forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. This condition is usually avoidable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also seek to raise the word about this birth injury that could have been avoided. In the past these lawsuits allowed families to obtain an equitable financial settlement and get their child's life back on track.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence and has suffered brachial paralysis, an Erb's settlement for palsy can help pay for their care. This could include therapy, treatment, assistive devices, and operations.

Many lawsuits settle without court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will most likely seek to negotiate a settlement before the trial gets underway.

If you cannot reach an agreement, your case will be taken to arbitration. A neutral third party will hear both sides and decide who will win the case. This type of hearing can be more informal than a trial, but it's important to present witnesses and evidence for the proceedings.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can either have your witnesses attend the hearing or submit their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses so they are aware the requirement to be present at the hearing. You must also keep your witnesses' numbers and addresses on file in case you have to call them as an upcoming witness.

Complaint in Court

Many children suffering from mascoutah erb's palsy Attorney palsy can overcome physical limitations with intense physical therapy every day. Some may require surgery to fix torn or damaged nerve fibers. Many children are never able to recover and must continue to live their lives with 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 a fair and reasonable amount of compensation.

To determine the worth of your case Your lawyer will work with doctors who specialize in treating these conditions to come up with a lifetime cost-of living estimate. This determines the amount you're entitled to from your settlement for encinitas erb's palsy attorney Palsy. Your lawyer will also help you get copies of the medical records for your child and determine if the doctor who was involved in your child's birth had an history of similar malpractice cases.

When your lawyer is aware of the harms your child has suffered then she will file a lawsuit against the defendants. Both parties will undergo the discovery phase which includes exchanging evidence including expert opinions, depositions, additional medical records and more. This is a crucial aspect of the legal process because it allows both sides to build their arguments. It could take up to one year to arrive at a settlement.

Settlement

If your east bethel erb's palsy law firm Palsy lawsuit is a success, your lawyer might be able to secure compensation to pay for medical expenses including future treatment costs, adaptive devices along with physical therapy. You could be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer will require evidence to show that malpractice caused the brachial plexus injury in your child. This could include medical records and witness statements as well expert testimony. Once your lawyer has collected the evidence, he will start a lawsuit against defendants. They are typically the medical professionals who delivered your child. The defendants are given a specified amount of time to respond to the lawsuit, and during this discovery stage both sides will gather additional evidence to support their assertions.

Most lawsuits settle out of court, instead of going to trial, since it's cheaper for all parties involved. If your attorney is confident that they will prevail in the case at trial it could be decided to go to the jury. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and help raise awareness to prevent these kinds of injuries from occurring in the future. If the verdict isn't favorable you can appeal. Although this process may take more time however, it could also increase the amount of the compensation you receive.