Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family find closure. However, the litigation process is a bit complicated and requires skilled legal representation.

If you prevail in your lawsuit, your family may receive compensation for medical expenses of your child and future treatment. Learn more about the Erb’s palsy lawsuit procedure.

The Legal Process

Families file Erb's-Palsy lawsuits to recover reimbursement for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the specific case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that pleases both parties. This can drastically reduce the legal process and save your family from having to face the jury or judge. If your family is unable to come to a deal the family will have to go to court. This can take a lot of time, but can also result in a larger award.

The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head, arms or shoulders during labor and birth- such as when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves and cause holly springs erb's palsy attorney palsy. In many instances, the injury is preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about the birth injury which could have been avoided. In the past these lawsuits helped families get a fair settlement in order to ensure their child's future.

Mediation or Arbitration

If your child 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 treatment. This could include treatment, therapy as well as assistive devices and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will probably seek to negotiate a settlement before the trial gets underway.

If you are unable to agree to a settlement your case will be sent to arbitration. This means that a neutral third party will take in both sides and determine who wins the case. This hearing is more informal than a court case, however, Erb's palsy it is crucial to present witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can either invite your witnesses to the hearing or give statements via videoconferencing. You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas ahead of time. Also, keep the names of witnesses' telephone numbers and addresses in the file in case you have to contact them as a future witness.

Complaint in Court

Many children who suffer from Erb's Palsy can overcome their physical limitations with intense physical therapy every day. Some children require surgery to repair damaged nerve fibers. Many children will never recover and have to live suffering from the effects of this birth injury. Parents who believe their child's Erb's paralysis was the result of medical negligence during the delivery process have the right claim fair compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create the lifetime cost of living estimate. This helps determine how much you are entitled to receive from the Erb's palsy settlement. Your lawyer can also help to obtain copies of your child's medical records and determine whether or not the doctor who gave you your child's treatment had a previous experience of malpractice.

If your lawyer has a clear knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go through the discovery phase which includes exchanging evidence like expert opinions, depositions and medical records and more. This is a crucial part of your legal argument because it helps you build your arguments. It could take up to one year to arrive at a settlement.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer might be able obtain compensation to cover medical expenses as well as future treatment costs. adaptive devices along with physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need to collect evidence to prove the malpractice that caused your child's brachial-plexus injury, which could include medical documents, witness statements, and expert testimony. Once your attorney has gathered the evidence, they will start a lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are given a specific amount of time to respond to the suit, Erb's Palsy and during this process of discovery each side will gather more evidence to support their claims.

Most lawsuits are settled outside of court rather than go to trial, since it's more cost-effective for the parties involved. If your lawyer believes they will win at trial, they may decide to take the case to a verdict by a jury. A successful verdict in a birth injury lawsuit could give families a sense justice and help raise awareness to prevent these kinds of injuries from happening again in the future. If the verdict isn't favorable, you can appeal. While this procedure can take more time however, it could also increase the amount of the compensation you receive.