erb's palsy law firm Palsy Litigation

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

A successful lawsuit could grant your family compensation for child's medical bills 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 recover the cost of medical treatment and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular case. It can easily reach millions of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. The lawyers for both plaintiff and defendant will collaborate to negotiate an acceptable settlement to both parties. This can drastically cut down on the legal process and prevent your family from having to appear before jurors or judges. However, if the family cannot agree on the terms of settlement, you'll need to go to trial. This can take a lot of time, but can also result in a larger settlement.

The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head arms or shoulders during labor and delivery -for example, when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to Erb's palsy. This condition is usually preventable. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also want to spread the word about this birth injury that could have been avoided. In the past these lawsuits have helped families receive an equitable financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence, and suffered from brachial palsy, an Erb's Settlement for palsy could help you pay for their treatment. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle outside of court. This lets plaintiffs receive 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 likely attempt to reach a settlement before the trial gets underway.

If you fail to reach an agreement, the case will be taken to arbitration. This means that an impartial third party will hear both sides and decide who will win the case. This kind of hearing could be more informal than a trial, however it's crucial to present witnesses and evidence in the hearing.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. Witnesses may be required to present at the hearing in person or you can submit their statements through video conferencing. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas ahead of time. Additionally, erb's palsy lawsuits you must keep your witnesses' addresses and phone numbers on file in case they are called as witnesses in the future.

Complaint in the Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations with intense physical therapy every day. Some may require surgery to repair damaged or separated nerve fibers. A large percentage of children are not able to recover and will have to live with the consequences of this birth injury. Parents who believe their child's erb's palsy lawyer paralysis was due to medical negligence during the birth process have the right claim an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition to produce the lifetime cost of living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and investigate whether the doctor involved in your child's birth had an history of similar malpractice cases.

When your lawyer is aware of the child's injuries she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal argument because it allows you to construct your case. Settlements can take up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to secure compensation to cover medical expenses and future treatment costs including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to prove that malpractice caused the brachial plexus injury in your child. This may include medical records and witness statements, as well as expert testimony. After your lawyer has gathered the evidence, they'll bring the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants are then given a certain amount of time to respond. In the discovery phase each side will gather evidence to support their claims.

Most lawsuits are settled out of court instead of going to trial, because it's cost-effective for all parties involved. If however, your attorney believes that they can win at trial, they may choose to take the case all the way to the verdict of a jury. A successful verdict can give families a sense justice and increase awareness of how to avoid any 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 the amount you are awarded.