Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial-plexus injury can bring you and your family closure. The process of litigation can be complex and requires an experienced lawyer.

A successful lawsuit may award your family compensation for child's medical bills and any future treatment. Find out more about the erb's palsy lawyer palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain the cost of medical treatment and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the particular situation. It could easily be millions of dollars.

Many of Erb's lawsuits involving palsy are resolved outside of court. The lawyers of both the plaintiff and the defendant will come together to negotiate an acceptable settlement to both parties. This can speed up the legal process dramatically and prevent your family from having a judge or jury decide on their case. If your family cannot agree on a settlement you will have to go to trial. This could take a long time but it could also result in a bigger award.

The brachial area is a group of nerves which control movement within the arm. A forceful pull on the neck, head arms, or shoulders during labor and birthlike when doctors employ forceps or vacuum extractors excessively -- can harm the nerves and cause Erb's palsy. This injury is often prevented. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about this birth injury that could have been avoided. 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 was injured in the womb as a result of medical negligence and has suffered brachial palsy, anErb's settlement for palsy can help to pay for their medical treatment. This could include therapy, treatment devices, Erb's palsy lawsuits assistive devices, and surgeries.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation faster and prevents 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 are not able to reach an agreement, your case will go to arbitration. A neutral third party will hear both sides and decide who wins the case. The hearing may be more informal than a trial, however it is crucial to present witnesses and evidence to the hearing.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can have witnesses present at the hearing in person or erb's palsy Lawsuits you can submit their statements through video conference. Subpoenas need to be sent in advance to all witnesses so they are aware the requirement that they attend the hearing. Keep the numbers of your witnesses and addresses on file in case you have to call them as a future witness.

A complaint to the court

Many children suffering from Erb's palsy can overcome physical limitations with intense physical therapy every day. Some children require surgery to repair the torn nerve fibers. However, a significant proportion of children don't recover in any significant way and will have to live with the handicapping effects of this birth injury for the rest of their life. Parents who believe that their Erb's palsy in their child was the result of negligence in the delivery process have the right claim fair compensation for their child's injuries.

To determine the worth of your case Your lawyer will work with doctors who specialize in treating these conditions to develop a life-long cost-of-living estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you get copies of the medical records for your child and determine if the doctor who was involved in your child's birth had a history of similar malpractice cases.

Once your lawyer has identified the injuries suffered by your child then she will start a lawsuit against defendants. Both parties will undergo the discovery phase, which includes exchanging evidence including expert opinions, depositions, additional medical records and more. This is an essential part of your legal action since it allows both sides to develop their arguments. It can take up to an entire year before you can negotiate a settlement.

Settlement

If your Erb's-Pallsy lawsuit is successful the lawyer may be able to obtain compensation to pay for medical expenses, future treatment costs and adaptive devices, as well as physical therapy. You may also be awarded damages for emotional trauma as well as 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 testimony from witnesses as well as expert testimony. After your lawyer has collected this evidence, they will bring the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants will then be given a specific amount of time in which to respond to the suit, and during this discovery phase each side will gather additional evidence to prove their assertions.

Most lawsuits settle out of court rather than go to trial because it's more cost-effective for all parties involved. If your lawyer is confident that they will win the case in court and decides to pursue it to a jury verdict. A successful verdict will bring families a sense that justice has been done and raise awareness about ways to avoid future birth injuries. If your verdict is not favorable to you, you can appeal the decision. This procedure could take longer, but it can increase the amount you receive.