Erb's Palsy Litigation

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

A successful lawsuit can award your family compensation for child's medical expenses and future treatment. Learn more about the Stallings Erb's palsy Lawsuit palsy lawsuit procedure.

The Legal Process

Families file lawsuits against Erb's palsy to seek compensation for medical costs and other losses. The amount of money offered in a settlement is contingent upon the particular case of your child and the extent of their injuries, but it can easily go into the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can significantly speed up the legal process and avoid your family from having to face jurors or judges. If your family is unable to come to a deal, you will need to go to court. This can take a long time, but it can also potentially result in a larger award.

The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head shoulders or arms during labor and birth- such as when doctors employ forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. This injury is often prevented. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families receive an appropriate financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured during the womb as a result of medical negligence and suffered brachial palsy, an cordele erb's palsy attorney Palsy settlement could help you pay for their treatment. This could include therapy, treatment devices, assistive devices, and procedures.

Many lawsuits settle without court. This allows plaintiffs to receive compensation faster and avoids the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and the hospital attorneys will most likely seek to negotiate a settlement prior to the trial beginning.

If you're unable to settle your dispute, your case will proceed to arbitration. This means that an impartial third party will be able to hear both sides and determine who wins the lawsuit. This type of hearing can be more informal than a trial, however it's crucial to present physical evidence and witnesses for the proceedings.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to attend the hearing in person, or you can present their testimony through video conferencing. You must ensure that all of your witnesses are aware that they are required to attend the hearing by submitting subpoenas in advance. Additionally, you should keep your witnesses' addresses and phone numbers on file in case they are required to appear as a witness in the future.

Complaint in the Court

Many children suffering from Erb's palsy can overcome physical limitations with intensive daily physical therapy. Some children will need surgery to repair the torn nerve fibers. However, a large percentage of children don't recover in any way and will be left with the handicaps of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to fair compensation.

Your lawyer will work with doctors who specialize in treating this condition to develop an estimated cost of living for life estimate. This will help you determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer will also help you get copies of the medical records for your child and investigate whether the doctor who performed your child's birth had previous malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal action as it allows both sides to develop their arguments. It could take up to an entire year before you can reach a settlement.

Settlement

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

Your lawyer will require evidence to prove that a mistake caused the brachial plexus injury in your child. This could include medical records as well as witness statements, as well as expert testimony. After your lawyer has gathered the evidence, they will bring a lawsuit against the defendants. These are usually the medical professionals who delivered your child. The defendants will then be given a specific amount of time to reply to the lawsuit, and during this discovery stage both sides will gather more evidence to support their assertions.

Most lawsuits are settled out of court, rather than going to trial as it is cheaper for all parties involved. If your lawyer is confident they can win in court, they might decide to pursue the case all the way to a jury verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and can help increase awareness to prevent these kinds of injuries from occurring in the future. If, however, your verdict is not in your favor it is possible to appeal the decision. This could take a bit longer, but it will increase the amount you receive.