Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial-plexus injury can bring your family and you closure. The process of litigation is complicated and requires a skilled lawyer.

If you win your lawsuit, your family will receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

The most frequent reason families pursue an erb's palsy law firm-related lawsuit is to obtain compensation 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 extent of their injuries, but can easily soar into the thousands of dollars.

Many of the lawsuits involving Erb's Psy settle without court. The lawyers for both the plaintiff and the defendant will come together to negotiate an acceptable settlement to both parties. This can significantly shorten the legal process and prevent your family from having to go before an attorney or a jury. However, if your family members are unable to agree on an agreement, you'll have to go to trial. This could take a long time, but it can also potentially result in a larger award.

The brachial nerves regulate the movement of the arm. Forceful pulling on the head, neck, shoulders or arms during labor and deliveryfor example, when doctors use forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. The injury is often avoidable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also seek to raise awareness about this birth injury which could have been avoided. In the past the lawsuits have helped families get an affordable financial settlement and help their child get back on track.

Arbitration or Mediation

If your child was injured while in the womb as a result of medical negligence and has suffered brachial palsy, an Erb's Palsy settlement can help you pay for their treatment. This could include therapy, surgery, assistive devices and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and hospital's attorneys will likely attempt to negotiate an agreement before the trial gets underway.

If you are unable to reach an agreement, the case will go to arbitration. A neutral third party will hear both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it is important to provide witnesses and evidence in the hearing.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can either invite your witnesses to the hearing or submit their statements via videoconferencing. Subpoenas should be sent in advance to all witnesses so that they are aware of the requirement to be present at the hearing. In addition, you must have their addresses and phone numbers in case in case they are called as witnesses in the future.

Complaint in the Court

Many children who suffer from Erb's palsy can overcome their physical limitations by daily physical therapy. Some children will need surgery to repair torn nerve fibers. A large number of children are never able to recover and must continue to live suffering from the effects of this birth injury. Parents who believe that their Erb's palsy in their child was the result of medical negligence during the birth process have the right claim fair compensation for the injuries suffered by their child.

To establish the value of your case the lawyer will work with doctors who specialize in treating these ailments to create a cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who performed your child's birth had prior dnpaint.co.kr experience with similar malpractice cases.

Once your lawyer understands the child's injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal case because it allows you to build your case. Settlements can take up to one year.

Settlement

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

Your lawyer will need evidence to prove that negligence caused the injury to the brachial nerve in your child. This may include medical records and testimony from witnesses as well as expert testimony. After your lawyer has collected the evidence, they'll file the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants are then given a certain time frame to respond. In the discovery phase each side will collect evidence to support its claims.

Most lawsuits settle out of court rather than go to trial, because it's more cost-effective for the parties involved. If your attorney is convinced that they will prevail in the case in court it could be decided to go to a jury verdict. A successful verdict will give families a sense of justice and help spread awareness about ways to avoid future birth injuries. If, however, your verdict is not in your favor You can appeal the decision. While this process could take longer but it also increases the amount of the amount you are awarded.