Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family get closure. However, the litigation process is complicated and requires experienced legal representation.

If you are successful in your lawsuit, your family can receive compensation for medical expenses of your child and future treatment. Find out more about the lapeer erb's Palsy attorney-Palsy lawsuit process.

The Legal Process

Families file lawsuits against Erb's palsy to seek compensation for medical costs and other expenses. The amount of money awarded is contingent on the severity of your child's injuries and the specific situation. It could easily reach millions of dollars.

Many of Erb's lawsuits involving palsy are settled outside of court. The lawyers for both the plaintiff and defendant work together to find an acceptable settlement to both parties. This can significantly shorten the legal process, and also prevent your family from having to go before jurors or judges. If your family is not able to come to a deal and you are unable to reach a settlement, you must go to court. This can take a considerable amount of time, but can also result in a larger award.

The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling of the neck, head, shoulders or on the arms could damage these nerves, causing wildwood erb's palsy attorney Palsy. In many cases, this injury is preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also seek to increase awareness about the birth injury that could have been avoided. In the past these lawsuits have helped families obtain an appropriate settlement in order to ensure their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus in the womb due to medical negligence, an Erb's Palsy settlement can help pay for his or her treatment. This could include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This means that plaintiffs can receive compensation more quickly and reduces the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital's attorneys will likely attempt to reach an agreement prior to the trial begins.

If you fail to reach an agreement, your case will be referred to arbitration. This means that a neutral third party will hear both sides and decide who will win the case. This type of hearing is more informal than a court trial, however, it is crucial to have witnesses present and physical evidence.

You will also require copies of all legal documents and witnesses to present at the hearing. You may either invite your witnesses to the hearing or provide their testimony via video conferencing. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas ahead of time. Additionally, you should have your witnesses' addresses and telephone numbers on file in case they are required to appear as witnesses in the future.

Complaint in the Court

Many children suffering from Erb's palsy can overcome physical limitations with intense physical therapy every day. Some may require surgery to repair damaged or separated nerve fibers. A large number of children will never recover and have to live their lives suffering from 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 procedure have the right to claim fair compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition to develop a lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor who was involved in your child's birth had an history of similar malpractice cases.

When your lawyer has a good understanding of your child's injuries after which she will file a 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 an essential aspect of your legal case as it allows you to construct your case. It could take up to an entire year before you can negotiate a settlement.

Settlement

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

Your lawyer will need to collect evidence to prove the malpractice that caused your child's brachial-plexus injury which could include medical records, witness statements, and expert testimony. After your lawyer has collected the evidence, they'll file the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants are then given a set period of time to respond. In the discovery phase each side will collect evidence to support their claims.

Most lawsuits settle out of court rather than go to trial because it's more cost-effective for all parties involved. If your attorney is convinced that they will win the case at trial it could be decided to take it to a jury verdict. A successful verdict in an injury lawsuit for birth can bring families a sense of justice and help raise awareness in order to prevent these types of injuries from occurring in the future. If your verdict is not favorable to you it is possible to appeal the decision. This procedure could take longer, but can increase the amount you receive.