Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial-plexus injury can bring you and Erb's Palsy Law Firms your family closure. However, the process of litigation is complex and requires skilled legal representation.

If you are successful in your lawsuit, your family will receive compensation for medical bills of your child as well as future treatment. Read on to learn more about the Erb's Palsy lawsuit procedure.

The Legal Process

The most frequent reason for families to start an Erb's Palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the particular case. It could easily amount to millions of dollars.

Many cases involving Erb's palsy have been settled without court. The lawyers representing both the plaintiff and defendant will come together to negotiate an acceptable settlement to both parties. This could speed up the legal process by a significant amount and keep your family from having a jury or judge decide the case. If your family is unable reach a settlement then you'll need to go to the court. This can take a significant amount of time, but can also result in a bigger settlement.

The brachial plexus is a set of nerves that control movement within the arm. Forcing the head, neck, arms, or shoulders during labor and birth- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves and lead to Erb's palsy. This condition is usually prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also wish to raise awareness about the birth injury that could have been avoided. In the past, these lawsuits have helped families get a fair financial settlement and help their child get back on course.

Mediation or Arbitration

If your child was injured during the womb due to medical negligence and was later diagnosed with brachial palsy, an Erb's Palsy settlement can help you cover the cost of their treatment. This can include surgeries, therapy as well as assistive devices and treatment.

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

If you are not able to reach an agreement, the case will be sent to arbitration. A neutral third party will hear both sides and decide who wins the case. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence to the proceedings.

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

Complaint in Court

Many children suffering from Erb's palsy can overcome physical limitations with intense physical therapy every day. Some children may require surgery to repair torn nerve fibers. However, a substantial proportion of children don't recover to any measurable degree and will be forced to live with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair amount of compensation.

Your lawyer will work with doctors who are experts in treating this condition to develop the lifetime cost of living estimate. This helps determine how much you're entitled to from the erb's palsy law firms palsy settlement. Your lawyer will also help you obtain copies of the medical records for your child and determine if the doctor responsible for the birth of your child had previous malpractice cases.

When your lawyer has a solid knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase, which includes exchanging evidence like expert opinions, depositions, medical records and more. This is a crucial part of the legal process because it gives both sides the chance to present their case. It could take up to a year to negotiate a settlement.

Settlement

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

Your lawyer will have to gather evidence to prove malpractice that caused your child's brachial-plexus injury, which could include medical records, witness statements and expert testimony. After your lawyer has gathered this evidence, they'll file the lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants will then be given a set amount of time to reply to the suit, and during this process of discovery both sides will collect additional evidence to support their claims.

Most lawsuits are settled out of court rather than going to trial as it is cheaper for Erb's Palsy Law Firms everyone involved. If your lawyer believes that they can win in court, they might decide to take the case to a jury verdict. A successful verdict can give families a sense of justice and help educate people about ways to avoid future birth injuries. If the verdict isn't favorable you can appeal. This process may take longer, but it will raise the amount you receive.