Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family could receive compensation for the medical bills of your child and future treatment. Find out more about Erb's palsy litigation procedure.

The Legal Process

Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular situation. It could easily be millions of dollars.

Many cases involving Erb's palsy settle out of court. The lawyers of both the plaintiff and the defendant will come together to negotiate an agreement that is acceptable to both parties. This could speed up the legal process dramatically and save your family from having a judge or jury decide on their case. If your family is unable to agree on a settlement and you are unable to reach a settlement, you must appear in the court. This can take a long time but it could also result in a higher amount.

The brachial nerves regulate the movement of the arm. During labor and birth excessive forceful pulling of the neck, head, shoulders, or on the arms can cause nerve damage, resulting in Erb's palsy. This type of injury is usually preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms they cause. They also wish to spread the word about this birth injury that could have been prevented. In the past, these lawsuits helped families secure a fair financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured by an injury to the brachial plexus in the womb due to medical negligence, an Erb's settlement could help you to pay for the treatment. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits settle out of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will probably try to reach an agreement before the trial gets underway.

If you fail to reach an agreement, the case will go to arbitration. A neutral third party will consider both sides and decide who will win the case. This kind of hearing could be more informal than a trial, but it's important to present witnesses and evidence to the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can have your witnesses attend the hearing or submit their statements using video conferencing. Subpoenas must be sent in advance to all witnesses so they are aware the requirement that they attend the hearing. Additionally, you must have their addresses and phone numbers on file in case they are required to appear as a witness in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome their physical limitations by daily physical therapy. Some will require surgery to repair damaged or damaged nerve fibers. A large percentage 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 their child's Erb's paralysis was due to medical negligence during the birth process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors who specialize in treating this condition to create the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to through your Hutto Erb's Palsy Law Firm palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and investigate whether the doctor involved in your child's birth had prior experience with similar malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will undergo the discovery phase, which includes exchanging evidence such as expert opinions, depositions and medical records, and more. This is an important part of your legal case as it allows you to build your arguments. It can take up an entire year to arrive at a settlement.

Settlement

If your manhattan erb's palsy attorney Palsy lawsuit is successful, your lawyer might be able to get compensation that covers medical expenses and future costs for treatment which include adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial area in your child. This could include medical records and witness statements, as well as expert testimony. After your lawyer has gathered this evidence, they will start a lawsuit against the defendants, who are typically the medical professionals who delivered your child. The defendants will then be given a specified amount of time to respond. In the discovery phase, each side will gather evidence to back up their claims.

Most lawsuits are settled outside of court, rather than going to trial since it is cheaper for everyone involved. If your attorney is confident that they will prevail in the case at trial, they might decide to go to the jury for a verdict. A successful verdict will give families a sense of justice and increase awareness of ways to avoid future birth injuries. If the verdict you receive is not favorable, you can appeal. Although this process may take longer but it also increases the amount of the compensation you receive.