Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family to find closure. However, the litigation process is complex and requires skilled legal representation.

A successful lawsuit could grant your family members compensation for your child's medical bills and future treatment. Read on to learn more about the Erb's syndrome lawsuit procedure.

The Legal Process

The most frequent reason for families to start an bixby erb's palsy lawsuit Palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular case. It could easily be millions of dollars.

Many of the Erb's Palsy lawsuits settle out of court. The lawyers of both the plaintiff and defendant will collaborate to negotiate an acceptable settlement to both parties. This can speed up the legal process dramatically and keep your family from having a judge or jury decide the case. If your family is unable to come to a deal the family will have to appear in the court. This can take a significant amount of time, but could also result in a bigger award.

The brachial nerves regulate the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head or shoulders or on the arms, can cause damage to these nerves, leading to Erb's Palsy. In many instances, the injury is preventable. Families seek to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past the lawsuits have helped families obtain an appropriate financial settlement to help their child get back on track.

Mediation or Arbitration

If your child was injured while in the womb as a result of medical negligence and has suffered brachial sprains, an Panama city beach Erb's palsy attorney settlement for palsy can help cover the cost of their treatment. This may include treatment, therapy, assistive devices, and procedures.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and hospital's lawyers will most likely seek to negotiate a settlement before the trial starts.

If you're unable to settle your dispute the case will be taken to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This type of hearing is more informal than a court case, however it is vital to present witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to present at the hearing in person or you can present their testimony through video conferencing. You must ensure that all of witnesses are aware that they must attend the hearing by submitting subpoenas ahead of time. Keep the names of witnesses' telephone numbers and addresses on file in case you need to contact them for an upcoming witness.

A complaint to the court

Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some will require surgery to repair damaged or separated nerve fibers. However, a significant number of children are not able to recover in any way and will be left with the handicaps of this birth injury for the rest of their lives. Parents who believe their Erb's palsy in their child was due to medical negligence during the delivery process have the right to seek fair compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who are experts in treating this condition to create an estimated cost of living for life estimate. This will help determine the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer will also help you get copies of your child's medical records and determine if the doctor responsible for the birth of your child had a history of similar malpractice cases.

When your lawyer has a good understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal proceedings because it allows both sides to construct their arguments. Settlements can take as long as one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer may be able get compensation for medical expenses and future treatment costs such as adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need 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 gathered the evidence, he or she will make a claim against the defendants. They are typically the medical professionals that have delivered your child. The defendants are then given a specific time frame to respond. During this discovery phase each side will gather evidence to back up their claims.

Most lawsuits are settled out of court rather than going to trial, as it's more cost-effective for the parties involved. If however, your attorney is confident that they will prevail at trial, they may decide to pursue the case to a verdict by a jury. A successful verdict can provide families with a sense of justice and help educate people about how to prevent future birth injuries. If your verdict isn't favorable, you can appeal. While this procedure can take more time, it can also increase the amount of the compensation you receive.