Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family will receive compensation for the medical expenses of your child and future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

The most common reason families pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement will depend on the specific situation of your child and the extent of their injuries, but it can easily go into the thousands of dollars.

Many of erb's palsy lawyer lawsuits involving palsy are settled outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly shorten the legal process, and also prevent your family from having to face an attorney or a jury. If your family is not able to agree on a settlement then you'll need to appear in the court. This can take a lot of time, but it could also result in a bigger settlement.

The brachial complex is a collection of nerves that regulate movement in the arm. During labor and delivery excessive forceful pulling of the head, neck or shoulders, or on the arms can result in damage to these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to raise awareness of this birth injury that could have been avoided. In the past these lawsuits have helped families obtain an appropriate financial settlement that helped their child's future.

Mediation or Arbitration

If your child suffered an injury to the brachial plexus during the womb as a result of medical negligence, an fargo erb's palsy lawsuit palsy settlement can help pay for their treatment. This may include treatment, therapy as well as assistive devices and surgeries.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a court could invalidate a verdict handed down by a jury. Your lawyer and hospital's lawyers are likely to seek a settlement prior to when the trial starts.

If you are unable come to a deal, your case will proceed to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. The hearing may be more informal than a trial, but it's important to present witnesses and evidence in the hearing.

You will also require copies of all legal documents and witnesses to be present at the hearing. Witnesses can attend the hearing in person or you can submit their statements through video conference. You must ensure that all of witnesses are aware that they are required to attend the hearing by submitting subpoenas prior to the hearing. In addition, you must have the addresses of your witnesses and contact numbers on file in case they are required to appear to testify in the future.

Complaints in Court

Many children suffering from schaumburg erb's palsy Attorney Palsy can overcome physical limitations through intensive daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a large percentage of children are not able to recover to a significant degree and must live with the handicaps of this birth injury for life. Parents who believe that their child's Erb's syndrome 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.

Your lawyer will work with doctors who are experts in treating this condition to develop an annual cost of living estimate. This will help determine the amount you're entitled to 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 performed surgery on your child's diagnosis had a prior Erb's Palsy Lawsuit history of malpractice cases.

If your lawyer has a solid knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will be involved in the discovery phase that involves exchanging evidence such as expert opinions, depositions, additional medical records and more. This is a crucial part of your legal case because it allows you to build your case. It can take up to one year to reach a settlement.

Settlement

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

Your lawyer must gather evidence to prove malpractice that caused your child's brachial plexus injury, which could include medical records, witness statements and expert testimony. Once your attorney has gathered the evidence, they'll start a lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants will then be given a specified time frame to respond. In the discovery phase each side will collect evidence to back up their claims.

Most lawsuits settle out of court instead of going to trial, because it's more cost-effective for all parties involved. If your lawyer is confident that they'll win the case at trial it could be decided to go to the jury for a verdict. A successful verdict in a birth injury lawsuit can bring families a sense of justice and can help increase awareness in order to prevent these types of injuries from happening in the future. However, if the verdict is not in your favor it is possible to appeal the decision. Although this process may take more time but it also can increase the amount of the compensation you receive.