Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family get closure. The process of litigation is complex and requires an experienced lawyer.

A successful lawsuit may award your family compensation for your child's medical bills and future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the specific situation of your child and the extent of their injuries, but it can easily go into the thousands of dollars.

Many Erb's Palsy lawsuits have been settled without court. The lawyers representing both the plaintiff and Vimeo.com the defendant will work together to find an acceptable settlement to both parties. This can speed up the legal process considerably and spare your family from having a jury or judge decide their case. If, however, your family members are unable to agree on the terms of settlement, you'll need to go to trial. This can take a lot of time, but can also result in a larger amount.

The brachial nerves regulate the movement of the arm. During labor and birth excessive forceful pulling of the head, neck or shoulders or on arms, could damage these nerves, causing Erb's palsy. This injury is often avoidable. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to raise the word about this birth injury which could have been prevented. In the past these lawsuits have helped families receive an affordable financial settlement to support their child's future.

Mediation or Arbitration

If your child sustained an injury to the brachial area during birth due to medical negligence, an Erb's Palsy settlement can help you to pay for the care. This can include therapy, surgery, assistive devices and treatment.

Many lawsuits settle out of court. This allows plaintiffs to get compensation faster and avoids the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital's lawyers will likely attempt to reach a settlement before the trial gets underway.

If you are not able to reach an agreement, the case will be referred to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the case. This hearing is more informal than a court case, but it is important to present witnesses and physical evidence.

You will also require copies of all legal documents and witnesses to appear at the hearing. You may either invite your witnesses to the hearing or submit their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses in order that they are aware of the requirement that they attend the hearing. Also, keep the names of witnesses' telephone numbers and addresses on file in case you need to call them as an upcoming witness.

Complaint in the Court

Many children suffering from Erb's syndrome can overcome their physical limitations with intense physical therapy every day. Some children will require surgery to repair torn nerve fibers. A large percentage of children are not able to recover and will have to live with the effects of this birth injury. Parents who believe their child's Erb's palsy was the result of negligence by a medical professional during the birth process are entitled to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who specialize in treating this condition to develop a lifetime cost of living estimate. This helps determine how much you are entitled to receive from your sedona erb's palsy lawsuit palsy settlement. Your lawyer will also help you obtain copies of the medical records for your child and investigate whether the doctor responsible for the birth of your child had a history of similar malpractice cases.

When your lawyer is aware of the child's injuries and the child's injuries, she will bring a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial aspect of your legal action since it allows both sides to construct their arguments. Settlements can last for up to one year.

Settlement

If your Erb's-Pallsy lawsuit is a success, your lawyer might be able to obtain compensation to pay for medical expenses as well as future treatment costs. adaptive devices in addition to physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial area in your child. This may include medical records and witness statements as well as expert testimony. After your lawyer has collected this evidence, they'll start a lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants are then given a certain amount of time to reply. In the discovery phase, each side will gather evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial because it is cheaper for everyone involved. If however, your attorney is confident they can win at trial, they may decide to pursue the case to a jury verdict. A successful verdict will give families a sense of justice and increase awareness of how to avoid any future birth injuries. If, however, your verdict is not in your favor it is possible to appeal the decision. While this procedure can take more time but it also increases the amount of the compensation you receive.