Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial plexus injury can help bring your family and you closure. However, the litigation process is complicated and requires experienced legal representation.

A successful lawsuit may award your family compensation for child's medical bills as well as future treatment. Find out more about Erb's palsy lawsuit procedure.

The Legal Process

The most common reason families start an Erb's Palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on your child's specific case and the severity of their injuries but it could easily reach the thousands of dollars.

Many Erb's Palsy lawsuits have been settled without court. Lawyers representing the plaintiff and Erb's palsy Lawsuit the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically cut down on the legal process and prevent your family from having to go before jurors or judges. If your family is unable agree on a settlement and you are unable to reach a settlement, you must go to court. This can take a lot of time, but it could also result in a bigger amount.

The brachial plexus is a group of nerves which control movement in the arm. When you are pregnant excessive forceful pulling of the neck, head, shoulders, or on the arms could cause nerve damage, resulting in Erb's Palsy. This type of injury is usually prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also seek to raise awareness about this birth injury that could have been avoided. In the past, these lawsuits have helped families secure a fair financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child has suffered an injury to the brachial area during birth due to medical negligence, an Erb's settlement could help you pay for his or her care. This could include therapy, treatment aids, assistive devices, as well as procedures.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital's attorneys will likely try to reach an agreement prior to the trial beginning.

If you are not able to reach an agreement, the case will be sent to arbitration. This means that an impartial third party will take in both sides and determine who wins the lawsuit. This kind of hearing could be more informal than a trial, however it is crucial to present witnesses and evidence to the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person, or Erb's palsy lawsuit you can present their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses so they are aware of the requirement that they attend the hearing. Keep the names of witnesses' telephone numbers and addresses in the file in case you need to contact them for witnesses in the future.

Complaints in Court

Many children who suffer from tampa erb's palsy lawyer Palsy can overcome their physical limitations with intensive daily physical therapy. Some will require surgery to repair damaged or separated nerve fibers. A large number of children do not recover and are forced to live suffering the effects of this birth injury. Parents who believe that their child's Erb's palsy was the result of medical negligence during the delivery process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

To establish the value of your case Your lawyer will work with doctors who are experts in treating these ailments to develop a life-long cost-of-living estimate. This helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you get copies of your child’s medical records, and look into whether or not the doctor who delivered your child had a previous record of malpractice cases.

If your lawyer has a clear understanding of the injuries suffered by your child she will make a claim against the defendants. Both sides will be involved in the discovery phase, which includes exchanging evidence, including expert opinions, depositions medical documents, and so on. This is an important part of your legal argument because it helps you build your case. Settlements can take up to one year.

Settlement

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

Your lawyer will have to collect evidence to prove the negligence that caused the brachial plexus injuries to your child, which could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, they'll bring the lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants will then be given a specified period of time to respond. In this discovery phase each side will gather evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial because it's cost-effective for all parties involved. However, if your attorney is confident that they will prevail at trial, they may decide to pursue the case all the way to an appeals court verdict. A successful verdict will give families a sense of justice and raise awareness about ways to avoid future birth injuries. If your verdict isn't favorable, you can appeal. This could take a bit longer, but it can increase the amount you get.