Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family to find closure. However, the litigation process is complicated and requires experienced legal representation.

If you win your lawsuit, your family will receive compensation for the medical bills of your child and future treatment. Read on to learn more about the Erb's-Palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical costs and other expenses. The amount of money offered in a settlement is dependent on the specific situation of your child and the severity of their injuries, but it could easily reach the thousands of dollars.

Many georgia erb's palsy attorney palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and defendant work together to find an acceptable settlement to both parties. This can drastically reduce the legal process and avoid your family from facing an attorney or a jury. If your family is not able to reach an agreement on a settlement, you will need to go to the court. This could take a long amount of time, but can also result in a larger amount.

The brachial nerves control the movement of the arm. Forcing the neck, head arms, or shoulders during labor and delivery -such as when doctors make use of forceps or vacuum extractors excessively -- can damage these nerves, causing Erb's palsy. In many cases, this injury is preventable. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness of this birth injury which could have been prevented. In the past these lawsuits have helped families obtain a fair financial settlement that helped their child's future.

Mediation or Arbitration

If your child has suffered a brachial plexus injury during birth due to medical negligence, an Erb's settlement can help you pay for his or her treatment. This may include treatment, therapy as well as assistive devices and procedures.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will probably try to come to an agreement prior to the trial beginning.

If you fail to reach an agreement, the case will go to arbitration. This means that a neutral third party will be able to hear both sides and determine who wins the lawsuit. This type of hearing is more informal than a court trial but it is important to provide witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. Witnesses can present at the hearing in person, or they can give their testimony through video conference. Subpoenas should be sent in advance to all witnesses to ensure that they are aware the requirement to attend the hearing. Additionally, you should have your witnesses' addresses and contact numbers on file in case they're called to testify in the future.

Complaints in the Court

Many children who suffer from Erb's palsy can overcome their physical limitations by intensive daily physical therapy. Some will require surgery to repair damaged or separated nerve fibers. A large number of children do not recover and are forced to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

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

If your lawyer has a good understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal action because it allows both sides to present their case. Settlements can take as long as one year.

Settlement

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

Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records as well as witness statements, as well as expert testimony. Once your attorney has gathered the evidence, they'll make a claim against the defendants, who are usually the medical professionals who gave your child. The defendants are given a set period of time to respond to the lawsuit. during this discovery stage both sides will gather additional evidence to support their assertions.

Most lawsuits settle out of court, instead of going to trial because it's cheaper for all parties involved. If your lawyer is confident that they will win the case in court, Georgia Erb's Palsy Attorney they might decide to try to get a jury verdict. A successful verdict can provide families with a sense of justice and help spread awareness about how to avoid any future birth injuries. If your verdict is not in your favor, you can appeal the decision. Although this process may take more time, it can also increase the amount of the amount you are awarded.