santa barbara erb's palsy lawyer Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family find closure. The litigation process can be complex and requires an experienced lawyer.

If you are successful in your lawsuit, your family may be awarded compensation for the medical bills of your child as well as future treatment. Find out more about Erb's palsy litigation procedure.

The Legal Process

Families file Erb's Psy lawsuits to recover reimbursement for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on your child's specific case and the severity of their injuries, but can easily soar into the thousands of dollars.

Many of erb's palsy law firm (Get More Information) lawsuits involving palsy are resolved outside of court. Lawyers for the plaintiff and defendant work together to reach an agreement that pleases both parties. This can significantly shorten the legal process and avoid your family from having to appear before the jury or judge. However, if your family members cannot reach a settlement you will have to go to trial. This could take a long time however, it could result in a larger award.

The brachial area is a group of nerves which control movement in the arm. A forceful pull on the neck, head, arms or shoulders during labor and delivery- such as when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. This injury is often preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms they cause. They also wish to raise awareness of the birth injury that could have been prevented. In the past the lawsuits have helped families obtain an equitable financial settlement and get their child's life back on the right track.

Arbitration or Mediation

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

Many lawsuits settle outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys are likely to attempt to negotiate a settlement before the trial starts.

If you are not able to reach an agreement, the case will be referred to arbitration. This means that a neutral third party will be able to hear both sides and determine who will win the lawsuit. This type of hearing is more informal than a court trial but it is important to present witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can choose to invite your witnesses to attend the hearing or present their statements through video conferencing. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas before the hearing. Additionally, you should have your witnesses' addresses and telephone numbers on file in case they are required to appear as a witness in the future.

Complaints in the Court

Many children who suffer from Erb's syndrome can overcome their physical limitations with regular physical therapy. Some children will need surgery to repair the torn nerve fibers. However, a significant proportion of children do not recover in any significant way and will be left with the handicapping effects of this birth injury for life. Parents who believe that their child's Erb's paralysis was due to negligence in the delivery procedure have the right to seek fair compensation for their child's injuries.

To establish the value of your case your lawyer will collaborate with specialists in treating these ailments 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 get copies of your child's medical records, and investigate whether the doctor who treated your child's care had a experience of malpractice.

If your lawyer has a clear understanding of the injuries of your child and the child's injuries, she will start a lawsuit against defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal case as it allows you to build your arguments. It can take up to an entire year before you can arrive at a settlement.

Settlement

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

Your lawyer will need evidence to show that malpractice caused the brachial plexus injury in your child. This could include medical records, witness statements, as well as expert testimony. Once your lawyer has gathered the evidence, they will bring a lawsuit against the defendants. These are usually the medical professionals who gave your child. The defendants are given a specified amount of time to reply to the suit, and during the discovery phase both sides will collect more evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial as it is cheaper for everyone involved. If your attorney is convinced that they can win the case at trial it could be decided to pursue it to an appeal to a jury verdict. A successful verdict will provide families with a sense of justice and increase awareness of how to prevent future birth injuries. If your verdict is not in your favor, you can appeal the decision. The process could take longer, Erb's Palsy Law Firm but it could increase the amount you get.