Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family members find closure. The process of litigation is complicated and requires a skilled lawyer.

A successful lawsuit may award your family members compensation for child's medical bills as well as future treatment. Find out more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file lawsuits against Erb's palsy to get compensation for medical expenses and other expenses. The amount of money that is awarded in a settlement is dependent on the particular case of your child and the severity of their injuries, however, it can easily rise to the millions of dollars.

Many of santa clara erb's palsy attorney palsy lawsuits have been resolved outside of court. The lawyers for both plaintiff and defendant work together to find a settlement that is acceptable to both parties. This can drastically cut down on the legal process and prevent your family from facing jurors or judges. If your family is not able to reach an agreement on a settlement, you will need to go to the court. This can also take a long time however, it could result in a higher award.

The brachial nerves control the movement of the arm. Forcing the neck, head, arms, or shoulders during labor and delivery -- such as when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to denham springs Erb's palsy attorney palsy. The injury is often prevented. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also wish to spread awareness about the birth injury that could have been avoided. In the past, these lawsuits have helped families obtain a fair financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured by an injury to the brachial plexus during the womb as a result of medical negligence, an spring lake park erb's palsy law firm settlement could help you to pay for the treatment. This can include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits settle without court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court could reverse a verdict given by the jury. Your lawyer and hospital's attorneys are likely to try to reach a settlement prior to when the trial begins.

If you are unable to agree to a settlement the case will go to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This hearing is more informal than a court trial but it is important to have witnesses present and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. You can choose to witness your witnesses attend the hearing or present their statements via videoconferencing. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas before the hearing. Additionally, you should have their addresses and phone numbers on file in case they are called to testify in the future.

Complaints in Court

Many children who suffer from Erb's Palsy can overcome their physical limitations by intense physical therapy every day. Some children will require surgery to repair torn nerve fibers. However, a significant number of children will not recover in any significant way and will be left with the handicaps of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to fair compensation.

Your lawyer will work with doctors who specialize in treating this condition to produce an annual cost of living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer can also help you obtain copies of your child’s medical records, and look into whether the doctor who delivered your child's care had a medical malpractice case.

Once your lawyer understands the child's injuries 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. Settlements can last up to one year.

Settlement

If your Erb's palsy suit is successful, your lawyer might be able to secure compensation for medical expenses and future treatment costs including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer must gather evidence to prove error that caused your child's brachial-plexus injury and may include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, they will bring a lawsuit against the defendants. These are usually the medical professionals who provided your child with. The defendants are given a specified amount of time to respond to the suit, and during the discovery phase both sides will gather additional evidence to support their assertions.

Most lawsuits are settled out of court, rather than going to trial due to the fact that it is cheaper for all parties involved. If your attorney is convinced that they will prevail in the case in court it could be decided to take it to the jury for a verdict. A successful verdict can give families a sense justice and increase awareness of how to prevent future birth injuries. If your verdict isn't favorable, you can appeal. This could take a bit longer, but it could increase the amount you receive.