Erb's Palsy Litigation

In the aftermath of your child's brachial-plexus injury can help bring your family and you closure. The process of litigation is complicated and requires an experienced lawyer.

A successful lawsuit may award your family compensation for child's medical bills and future treatment. Read on to learn more about the Erb's-Palsy lawsuit process.

The Legal Process

Families file erb's palsy lawyers Palsy lawsuits to obtain compensation for medical costs and other expenses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular situation. It can easily reach millions of dollars.

Many of the erb's palsy law firm Palsy lawsuits are settled without court. The lawyers for both the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can shorten the legal process considerably and save your family from having a judge or jury decide their case. However, if your family cannot agree on a settlement you will have to go to trial. This can take a lot of time, Erb's palsy however it can also result in a larger amount.

The brachial plexus is a set of nerves which control movement within the arm. During labor and delivery excessive forceful pulling of the neck, head, shoulders or on the arms can cause damage to these nerves, leading to Erb's palsy. This type of injury is usually avoidable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness about the birth injury which could have been prevented. In the past, these lawsuits have helped families receive an affordable settlement in order to ensure their child's future.

Mediation or Arbitration

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

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and hospital's lawyers are likely to attempt to reach an agreement prior to the trial gets underway.

If you're not able to reach a settlement the case will be taken to arbitration. This means that a neutral third party will take in both sides and determine who wins the case. This kind of hearing could be more informal than a trial, but it is crucial to present witnesses and evidence for the hearing.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can have witnesses present at the hearing in person, or they can give their testimony via video conferencing. You must ensure that all your witnesses are aware they are required to attend the hearing by submitting subpoenas before the hearing. Also, keep your witnesses' numbers and addresses on file, in case you need to contact them as a future witness.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations with intensive daily physical therapy. Some may require surgery to repair torn or separated nerve fibers. A large number of children will never recover and have to live their lives with the consequences of this birth injury. Parents who believe their child's Erb's syndrome was the result of medical negligence during the delivery procedure have the right to claim fair compensation for their child's injuries.

Your lawyer will work with doctors who specialize in treating this condition to produce an estimated cost of living for life estimate. This will help you determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also help you get copies of the medical records for your child and investigate whether the doctor who was involved in your child's birth had prior experience with similar malpractice cases.

Once your lawyer has identified the child's injuries and the child's injuries, she will start a lawsuit against defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal case because it allows you to develop your arguments. It can take up to a year to arrive at a settlement.

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer could be able to secure compensation to cover medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer must collect evidence to prove the mistake that led to the brachial plexus injury to your child and may include medical documents, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will bring a lawsuit against the defendants. They are typically the medical professionals that delivered your child. The defendants are then given a certain amount of time to respond. During this discovery phase, each side will gather evidence to prove its case.

Most lawsuits are settled out of court rather than going to trial, as it's more cost-effective for all parties involved. If your attorney is convinced that they can win the case at trial they may decide to go to an appeal to a jury verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and raise awareness and prevent these types of injuries from occurring in the future. If the verdict isn't favorable you may appeal. This could take a bit longer, but it will raise the amount you receive.