Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family to find closure. The litigation process can be complex and requires an experienced lawyer.

If you prevail in your lawsuit, your family can receive compensation for the medical expenses of your child as well as future treatment. Find out more about the Erb's Palsy lawsuit process.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement will depend on the specific situation of your child and the severity of their injuries, but it can easily go into the thousands of dollars.

Many of the lawsuits involving Erb's Psy have been settled out of court. The lawyers for both the plaintiff and defendant will collaborate to negotiate a settlement that is acceptable to both parties. This can drastically cut down on the legal process and save your family from facing the jury or judge. If your family is unable to reach an agreement on a settlement then you'll need to appear in the court. This can also take a long time, however, it could result in a larger award.

The brachial area is a group of nerves that regulate movement in the arm. When you are pregnant excessive forceful pulling of the head, neck or shoulders, or on the arms could cause damage to these nerves, leading to Erb's palsy. This condition is usually prevented. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also wish to spread the word about this birth injury that could have been prevented. In the past these lawsuits helped families secure a fair financial settlement to help their child's future.

Mediation or Arbitration

If your child has suffered an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's palsy settlement can help you to pay for the treatment. This could include surgeries, therapy, assistive devices and Erb's Palsy lawsuit treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge might overturn a decision made by a jury. Your lawyer and hospital's lawyers will most likely attempt to reach an agreement before the trial starts.

If you are not able to reach an agreement, the case will go to arbitration. This means that a neutral third party will take in both sides and decide who wins the case. This kind of hearing could be more informal than a trial, Erb's Palsy lawsuit but it's crucial to present physical evidence and witnesses for the hearing.

You will also require copies of all legal documents as well as witnesses to present at the hearing. You can either invite your witnesses to the hearing or give statements using video conferencing. Subpoenas must be issued in advance to all witnesses to ensure they are aware the requirement that they attend the hearing. You should also keep your witnesses' phone numbers and addresses in the file in case you need to contact them as a future witness.

Complaints in Court

Many children who suffer from Erb's Palsy can overcome their physical limitations with intensive daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a large percentage of children don't recover to a significant degree and will be forced to live with the limitations of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair amount of compensation.

To establish the value of your case your lawyer will collaborate with doctors who specialize in treating these ailments to create a cost-of-living estimate. This will help you determine the amount of compensation you are entitled to through your erb's palsy law firm palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who performed the birth of your child had previous malpractice cases.

Once your lawyer has identified the child's injuries, she will make a claim against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a vital part of the legal process as it allows both sides to build their arguments. It can take up an entire year before you can negotiate a settlement.

Settlement

If your erb's palsy lawsuit (visit the up coming post) is successful, your lawyer may be able to get compensation that covers medical expenses and future costs for treatment, including adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial plexus in your child. This may include medical records and witness statements as well expert testimony. Once your attorney has gathered this evidence, they will start a lawsuit against the defendants, who are typically the medical professionals who delivered your child. The defendants will then be given a set amount of time in which to respond to the lawsuit, and during the discovery phase both sides will collect additional evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial since it's more cost-effective for all parties involved. If your attorney is convinced that they can win the case in court and decides to try to get a jury verdict. A successful verdict in a birth injury lawsuit can provide families with a sense justice, and also help to raise awareness to prevent these kinds of injuries from happening again in the future. If the verdict you receive is not favorable you may appeal. The process could take longer, but it will raise the amount you receive.