Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial plexus injury can bring your family and you closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

If you prevail in your lawsuit, your family can receive compensation for the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's Palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain the cost of medical treatment 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, but it can easily go into the millions of dollars.

Many of Erb's lawsuits involving palsy are resolved outside of court. The lawyers representing both the plaintiff and the defendant will work together to find an agreement that is acceptable to both parties. This can shorten the legal process considerably and prevent your family from having a judge or jury decide their case. If your family is unable reach a settlement then you'll need to appear in the court. This could take a long time, but it can also potentially result in a higher amount.

The brachial area is a group of nerves which control movement within the arm. During labor and birth excessive forceful pulling of the head, neck or shoulders, or on the arms, can cause nerve damage, resulting in erb's palsy attorneys Palsy. The injury is often preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families obtain a fair financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured in the womb by medical negligence and was later diagnosed with brachial sprains, an Erb's Palsy settlement can help you to pay for their medical treatment. This could include therapy, surgery aidive devices, and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a court could reverse a verdict given by the jury. Your lawyer and hospital's attorneys are likely to attempt to negotiate an agreement prior to the trial gets underway.

If you are not able to reach an agreement, your case will go to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. The hearing may be more informal than a trial, however it is important to provide physical evidence and witnesses for the hearing.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can invite your witnesses to the hearing or provide their testimony via video conferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. Also, keep your witnesses' phone numbers and addresses on file, in case you need to contact them for a future witness.

Complaints in the Court

Many children who suffer from Erb's Palsy can overcome physical limitations through intense physical therapy every day. Some children will need surgery to repair the torn nerve fibers. However, a significant proportion of children will not recover to any measurable degree and will be forced to live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe their Erb's palsy in their child was due to medical negligence during the delivery process are entitled to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with specialists in treating this condition. They will create an annual cost of living estimate. This determines the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer will also help you obtain copies of the medical records for your child and investigate whether the doctor responsible for the birth of your child had an history of similar malpractice cases.

If your lawyer has a good knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery process which involves exchanging evidence, including expert opinions, depositions and medical documents and more. This is a vital part of your legal action because it allows both sides to present their case. Settlements can take up to one year.

Settlement

If your Erb's Palsy lawsuit is a success, your lawyer might be able to obtain compensation to pay for medical costs as well as future treatment costs. adaptive devices, as well as physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial area in your child. This could include medical records as well as witness statements as well as expert testimony. Once your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are then given a specific period of time to respond. In the discovery phase, each side will gather evidence to support its claims.

Most lawsuits are settled outside of court instead of going to trial as it's more cost-effective for all parties involved. However, erb's Palsy lawsuit if your attorney is confident that they will prevail in court, they could decide to take the case all the way to the verdict of a jury. A successful verdict will give families a sense justice and help spread awareness about ways to avoid future birth injuries. If the verdict you receive is not favorable, you can appeal. Although this process may take more time but it also increases the amount of compensation you receive.