Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family members find closure. However, the process of litigation is complicated and requires experienced legal representation.

If you are successful in your lawsuit, your family could receive compensation for medical expenses of your child and future treatment. Learn more about the satsuma erb's palsy lawyer-Palsy lawsuit procedure.

The Legal Process

The most popular reason for families to bring an Erb's palsy suit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the particular case of your child and the severity of their injuries, but it can easily go into the millions of dollars.

Many cases involving Erb's palsy settle without court. Lawyers representing the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically reduce the legal process and prevent your family from having to go before a judge or jury. If your family is unable reach an agreement on a settlement, you will need to go to court. This can take a considerable amount of time, but can also result in a larger settlement.

The brachial plexus is a group of nerves that control movement in the arm. A forceful pull on the neck, head, shoulders or arms during labor and delivery -such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also wish to spread the word about this birth injury which could have been avoided. In the past, these lawsuits helped families get an appropriate financial settlement to support their child's future.

Mediation or Arbitration

If your child was injured during the womb by medical negligence, and suffered from brachial sprains, an freeburg erb's palsy law firm settlement for palsy can help to pay for their medical treatment. This could include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle out of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a judge could reverse a verdict given by the jury. Your lawyer and the hospital's attorneys will likely seek a settlement before the trial gets underway.

If you fail to reach an agreement, your case will be sent to arbitration. This means that a neutral third party will listen to both sides and determine who wins the lawsuit. This hearing is more informal than a court trial however it is vital to have witnesses present and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can either invite your witnesses to attend the hearing or present their statements using video conferencing. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. Additionally, you must have your witnesses' addresses and telephone numbers on file in case they are required to appear to testify in the future.

Complaint in Court

Many children suffering from Erb's palsy are able to overcome physical limitations by regular physical therapy. Some children will need surgery to repair the torn nerve fibers. A large number of children are never able to recover and must continue to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

Your lawyer will work with doctors who are experts in treating this condition to create the lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to through your newport erb's palsy lawyer palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records, and investigate whether the doctor who performed surgery on your child's care had a history of malpractice cases.

Once your lawyer understands the child's injuries and the child's injuries, she will start a lawsuit against defendants. Both sides will be involved in the discovery phase which involves exchanging evidence including expert opinions, depositions, medical documents and more. This is a vital part of your legal action because it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

If your Erb's Palsy lawsuit is successful the lawyer may be able to get compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to collect evidence to prove the error that caused the brachial plexus injuries to your child and may include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will make a claim against the defendants, who are typically the medical experts who delivered your child. The defendants will be given a specified amount of time in which to respond to the lawsuit, and during this process of discovery, both sides will gather additional evidence to back their claims.

Most lawsuits are settled out of court instead of going to trial due to the fact that it's more cost-effective for everyone involved. If your lawyer is confident they can win in court, they could choose to take the case all the way to a verdict by a jury. A successful verdict could provide families with a sense of justice and raise awareness about how to prevent future birth injuries. If your verdict is not favorable you may appeal. This procedure could take longer, but it will increase the amount you receive.