Erb's Palsy Litigation

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

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

The Legal Process

The most common reason families start an lafayette erb's palsy lawyer Palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the specific case. It could easily be millions of dollars.

Many Erb's Palsy lawsuits have been settled without court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This could speed up the legal process considerably and prevent your family from having a jury or judge decide on their case. If your family is not able to come to a deal then you'll need to go to court. This can also take a long time, however, it could result in a higher amount.

The brachial plexus is a set of nerves that regulate movement in the arm. Forceful pulling on the neck, head arms, baton rouge erb's palsy law firm or shoulders during labor and delivery -- such as when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves and cause baton rouge erb's palsy law firm palsy. This condition is usually preventable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to create awareness about the birth injury that could have been avoided. In the past these lawsuits helped families secure a fair financial settlement and help their child get back on path.

Arbitration or Mediation

If your child was injured during the womb by medical negligence, and suffered from brachial sprains, an Erb's Settlement for palsy could help you pay for their treatment. This could include therapy, surgery as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court overturning a jury verdict. Your lawyer and the hospital's lawyers will most likely try to come to an agreement before the trial gets underway.

If you are unable to settle your dispute your case will be sent to arbitration. A neutral third party will listen to both sides and determine who wins the case. This kind of hearing could be more informal than a trial, however it is important to provide witnesses and evidence in the hearing.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can either have your witnesses attend the hearing or submit their statements using video conferencing. You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas prior to the hearing. In addition, you must keep your witnesses' addresses and phone numbers on file in case they are required to appear to testify in the future.

Complaint to the Court

Many children suffering from Erb's Palsy can overcome physical limitations through intense daily physical therapy. Some may require surgery to fix torn or separated nerve fibers. However, a large percentage of children are not able to recover in any way and will be forced to live with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with specialists in treating this condition to create the lifetime cost of living estimate. This will help you determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and look into whether the doctor who performed surgery on your child had a previous experience of malpractice.

Once your lawyer has identified the harms your child has suffered she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal action because it gives both sides the chance to build their arguments. Settlements can take up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation that covers medical costs and future treatment costs including 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 plexus in your child. This may include medical records and witness statements as well as expert testimony. Once your lawyer has gathered this evidence, they will make a claim against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a specific time frame to respond. In this discovery phase each side will collect evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial, as it's cheaper for all parties involved. If your lawyer believes that they can win at trial, they may choose to take the case to an appeals court verdict. A successful verdict can give families a sense of justice and help educate people about how to prevent future birth injuries. If the verdict you receive is not favorable you may appeal. This process may take longer, but it will increase the amount you get.