erb's Palsy law firms Palsy Litigation

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

A successful lawsuit could award your family compensation for child's medical bills as well as future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

Families file lawsuits against Erb's palsy to get reimbursement for medical expenses and other expenses. The amount of money awarded in a settlement is dependent on the particular case of your child and the extent of their injuries, however, it can easily rise to the thousands of dollars.

Many of the erb's palsy attorneys Palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can shorten the legal process dramatically and prevent your family from having a judge or jury decide on their case. However, if the family members are unable to agree on a settlement you will have to go to trial. This can take a lot of time, but it could also result in a larger settlement.

The brachial plexus is a set of nerves that regulate movement in the arm. During labor and birth, excessive forceful pulling of the neck, head, Erb's Palsy Law Firms or shoulders or on the arms can cause damage to these nerves, leading to Erb's palsy. In many cases, this injury can be prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries 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 secure an equitable financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child has suffered an injury to the brachial area in the womb due to medical negligence, an Erb's Palsy settlement can help to pay for the care. This may include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation faster and avoids the possibility that a judge might overturn a decision made by jurors. Your lawyer and hospital's attorneys will likely try to come to an agreement prior to the trial beginning.

If you are unable to reach an agreement, the case will be referred to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This hearing is more informal than a court trial however, it is crucial to present witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. You may either have your witnesses attend the hearing or provide their statements using video conferencing. You must ensure that all of your witnesses are aware that they are required to attend the hearing by submitting subpoenas in advance. In addition, you must have their addresses and phone numbers on file in case they are required to appear as a witness in the future.

Complaint to the Court

Many children suffering from the condition Erb's-Palsy can overcome their physical limitations by intense physical therapy every day. Some children may require surgery to repair torn nerve fibers. Many children will never recover and have to live their lives with the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

To establish the value of your case the lawyer will work with specialists in treating these conditions to come up with a lifetime 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 will also help you get copies of your child's medical records and determine if the doctor who performed your child's birth had prior experience with similar malpractice cases.

When your lawyer has a thorough knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will undergo the discovery phase, which includes exchanging evidence like expert opinions, depositions medical documents and more. This is an essential part of your legal proceedings because it allows both sides to construct their arguments. Settlements can take as long as one year.

Settlement

If your erb's palsy law firms Palsy lawsuit is successful, your lawyer might be able to obtain compensation that covers medical expenses and future treatment costs which include 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 mistake that led to your child's brachial-plexus injury, which could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, he or she will make a claim against the defendants. They are typically the medical professionals that gave your child. The defendants will be given a specific amount of time in which to respond to the lawsuit. during the discovery phase both sides will gather additional evidence to prove their claims.

Most lawsuits settle out of court, rather than going to trial, because it's more cost-effective for the parties involved. If your attorney is convinced that they will prevail in the case at trial they may decide to take it to the jury. A successful verdict in an injury lawsuit for birth can give families a sense of justice and help raise awareness in order to prevent these types of injuries from occurring in the future. However, if the verdict is not favorable to you it is possible to appeal the decision. While this process could take longer but it also can increase the amount of compensation you receive.