erb's palsy attorneys Palsy Litigation

The legal process in the aftermath of your child's brachial injury can bring you and your family closure. The process of litigation can be complicated and requires an experienced lawyer.

A successful lawsuit could award your family members compensation for your child's medical expenses and future treatment. Read on to learn more about the Erb's syndrome lawsuit process.

The Legal Process

Families file lawsuits against Erb's palsy to seek reimbursement for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the particular case. It could easily be millions of dollars.

Many of the lawsuits involving Erb's Psy are settled without court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This can shorten the legal process by a significant amount and spare your family from having a judge or jury decide their case. If your family is not able to agree on a settlement then you'll need to appear in court. This can take a significant amount of time, but could also result in a larger award.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head arms, or shoulders during labor and delivery -like when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm the nerves and cause Erb's palsy. The injury is often preventable. Families seek to make negligent healthcare providers accountable for the harm they cause. They also want to create awareness of the birth injury that could have been prevented. In the past these lawsuits have helped families secure an affordable financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child suffered an injury to the brachial area during pregnancy due to medical negligence, an erb's palsy lawyer settlement could help you pay for their treatment. This can include surgeries, therapy aidive devices, and treatment.

Many lawsuits are settled out of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's attorneys will likely attempt to reach an agreement before the trial gets underway.

If you're unable to reach a settlement your case will be sent to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. This hearing is more informal than a court trial, but it is essential to have witnesses present and physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You may either have your witnesses attend the hearing or present their statements using video conferencing. Subpoenas must be sent in advance to all witnesses so that they are aware the requirement to attend the hearing. In addition, you must keep your witnesses' addresses and telephone numbers on file in case they're called as a witness in the future.

Complaint in the Court

Many children with Erb's -Pallsy can overcome physical limitations with intense physical therapy every day. Some children require surgery to repair damaged nerve fibers. A significant number of children are not able to recover and will have to live with the consequences of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

To determine the value of your case Your lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This determines the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer will also help you obtain copies of your child's medical records and investigate whether the doctor who was involved in the birth of your child had an history of similar malpractice cases.

If your lawyer has a clear knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will be involved in the discovery phase which includes exchanging evidence like expert opinions, depositions, additional medical documents, and so on. This is a crucial part of the legal process because it gives both sides the chance to develop their arguments. It could take up to an entire year before you can reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, Erb's Palsy Lawsuit your lawyer may be able to get compensation to cover medical expenses 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 will require evidence to show that malpractice caused the injury to the brachial area in your child. This may include medical records and witness statements as well expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will be given a specific period of time to respond to the lawsuit, and during this discovery phase, 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 believes that they can win at trial, they may decide to pursue the case all the way to a verdict by a jury. A successful verdict can bring families a sense that justice has been done and raise awareness about ways to avoid future birth injuries. If, however, your verdict is not in your favor it is possible to appeal the decision. This could take a bit longer, but can increase the amount you get.