Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family members find closure. However, the process of litigation is complex and requires expert legal representation.

A successful lawsuit could award your family members compensation for child's medical bills and omaha erb's Palsy law Firm future treatment. Read on to learn more about the erb's palsy law firm syndrome lawsuit procedure.

The Legal Process

The most popular reason families start an Erb's Palsy lawsuit is to obtain 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 situation. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and defendant collaborate to reach an acceptable settlement to both parties. This can speed up the legal process considerably and spare your family from having a judge or jury decide on their case. If your family members are unable to reach a settlement, you will need to go to the court. This could take a long amount of time, but could also result in a bigger amount.

The brachial nerves regulate the movement of the arm. The forceful pulling of the neck, head, arms or shoulders during labor and birthfor example, when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past, these lawsuits have helped families obtain a fair settlement in order to ensure their child's future.

Arbitration or Mediation

If your child has suffered a brachial plexus injury in the womb due to medical negligence, an Erb's Palsy settlement can help pay for his or her care. This could include therapy, treatment as well as assistive devices and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a judge could overturn a verdict awarded by a jury. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement before the trial gets underway.

If you are unable to settle your dispute the case will be taken to arbitration. This means that an impartial third party will take in both sides and decide who wins the lawsuit. This hearing is more informal than a court case, however it is vital to present witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. You can either have your witnesses attend the hearing or provide their testimony via video conferencing. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Also, keep the numbers of your witnesses and addresses in the file in case you need to call them as a future witness.

A complaint to the court

Many children suffering from Omaha Erb's Palsy Law Firm palsy can overcome physical limitations with regular physical therapy. Some will require surgery to repair torn or separated nerve fibers. A large percentage of children are never able to recover and must continue to live with the consequences 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 are entitled to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create an annual cost of living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's settlement for palsy. Your lawyer can also help you get copies of your child's medical records and investigate whether the doctor who performed your child's birth had prior experience with similar malpractice cases.

Once your lawyer understands the injuries of your child, she will start a lawsuit against defendants. Both sides will undergo the discovery phase that involves exchanging evidence like expert opinions, depositions, medical documents and more. This is a crucial part of the legal process because it gives both sides the chance to present their case. Settlements can take up to one year.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer might be able to secure compensation to cover medical costs and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer must gather evidence to prove the mistake that led to your child's brachial-plexus injury that could include medical documents, witness statements, and expert testimony. After your lawyer has collected the evidence, they'll bring the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants will be given a certain amount of time to respond to the lawsuit, and during the discovery phase both sides will collect additional evidence to back their assertions.

Most lawsuits are settled out of court rather than going to trial, since it's cheaper for all parties involved. However, if your attorney believes they will win in court, they could decide to pursue the case to the verdict of a jury. A successful verdict can give families a sense of justice and raise awareness about ways to avoid future birth injuries. However, if your verdict is not in your favor it is possible to appeal the decision. This could take a bit longer, but can raise the amount you receive.