erb's palsy law firm Palsy Litigation

In the aftermath of your child's brachial 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 and future treatment. Find out more about the independence Erb's palsy Lawsuit palsy lawsuit procedure.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on the specific situation of your child and the extent of their injuries, but it could easily reach the millions of dollars.

Many of Erb's palsy lawsuits have been settled out of court. The lawyers of both the plaintiff and the defendant will come together to negotiate an agreement that is acceptable to both parties. This could cut down the legal process significantly and save your family from having a jury or judge decide the case. If your family is unable to reach a settlement you will have to go to trial. This can take a long time but it can also potentially result in a larger award.

The brachial area is a group of nerves that regulate movement within the arm. Forceful pulling on the neck, head, arms, or shoulders during labor and deliverysuch as when doctors use forceps or vacuum extractors excessively -- can harm the nerves and cause Erb's palsy. This type of injury is usually preventable. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past these lawsuits have helped families secure an affordable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child sustained a brachial plexus injury during pregnancy due to medical negligence, an Erb's palsy settlement can help you pay for their care. This could include treatment, therapy, assistive devices, and procedures.

Many lawsuits are settled out of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a court overturning a jury verdict. Your lawyer and hospital's attorneys will likely attempt to reach an agreement before the trial begins.

If you are unable to reach an agreement, the case will be taken to arbitration. A neutral third party will consider 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 present witnesses and other physical evidence.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can either have your witnesses attend the hearing or give statements using video conferencing. Subpoenas need to be sent in advance to all witnesses in order that they are aware of the requirement to attend the hearing. You should also keep your witnesses' phone numbers and addresses on file in case you need to contact them for witnesses in the future.

Complaints in Court

Many children who suffer from erb's palsy law firm Palsy can overcome physical limitations through regular physical therapy. Some children will need surgery to repair torn nerve fibers. However, a significant proportion of children don't recover in any way and will be forced to live with the handicaps of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with specialists in treating this condition. They will create the lifetime cost of living estimate. This will allow you to determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records, and also determine whether or not the doctor who gave you your child had a previous experience of malpractice.

Once your lawyer understands the harms your child has suffered she will bring a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, Independence erb's palsy lawsuit which includes expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal case because it allows you to develop your arguments. It can take as long as one year to settle a case.

Settlement

If your Erb's Palsy lawsuit is a success, your lawyer might be able to obtain compensation to pay for medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You could receive damages due to emotional trauma or loss of quality of living.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial nerve in your child. This could include medical records and witness statements as well expert testimony. Once your lawyer has collected the evidence, they will file a lawsuit against the defendants. These are usually the medical professionals that gave your child. The defendants are given a set period of time to respond to the suit, and during this discovery stage each side will gather additional evidence to prove their assertions.

Most lawsuits are settled outside of court rather than going to trial because it is cost-effective for all parties involved. If your attorney is confident that they'll win the case in court, they might decide to go to an appeal to a jury verdict. A successful verdict can bring families a sense that justice has been done and increase awareness of how to prevent future birth injuries. If your verdict is not favorable you may appeal. While this procedure can take longer, it can also increase the amount of compensation you receive.