erb's palsy attorneys Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family to find closure. The process of litigation can be complicated and requires an experienced lawyer.

A successful lawsuit can award your family members compensation for your child's medical bills as well as future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical costs and other losses. The amount of money that is awarded in a settlement is contingent upon the specific situation of your child and the extent of their injuries, Erb's Palsy Lawsuits but can easily soar into the 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 significantly speed up the legal process, and also prevent your family from having to go before a judge or jury. If, however, your family members are unable to agree on an agreement, you'll have to go to trial. This can take a lot of time, but it could also result in a bigger amount.

The brachial plexus is a set of nerves which control movement in the arm. A forceful pull on the neck, head arms or shoulders during labor and birthsuch as when doctors make use of forceps or vacuum extractors excessively -- can harm the nerves and cause Erb's palsy. This type of injury is usually prevented. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also want to spread awareness of this birth injury that could have been avoided. In the past these lawsuits helped families obtain an equitable financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child was injured in the womb because of medical negligence, and suffered from brachial paralysis, an Erb's Settlement for palsy could help you pay for their care. This may include treatment, therapy aids, assistive devices, as well as surgeries.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and the hospital's lawyers will likely seek a settlement prior to when the trial begins.

If you fail to reach an agreement, your case will be sent to arbitration. This means that a neutral third party will listen to both sides and determine who will win the lawsuit. This type of hearing is more informal than a court trial but it is essential to provide witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to present at the hearing. Witnesses can present at the hearing in person, or you can submit their statements via video conference. You must ensure that all your witnesses are aware that they must attend the hearing by submitting subpoenas before the hearing. Additionally, you should keep your witnesses' addresses and contact numbers on file in case they are required to appear as witnesses in the future.

Complaints in Court

Many children with Erb's -Pallsy can overcome physical limitations through regular physical therapy. Some children will need surgery to repair damaged nerve fibers. A large number of children are not able to recover and will have to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair amount of compensation.

To establish the value of your case the lawyer will work with specialists in treating these conditions to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you are entitled to through your Erb's settlement for palsy. Your lawyer can also help to obtain copies of your child’s medical records, and investigate whether or not the doctor who delivered your child's treatment had a previous history of malpractice cases.

When your lawyer is aware of the harms your child has suffered and the child's injuries, she will bring a lawsuit against the defendants. Both sides will go through the discovery process that involves exchanging evidence, including expert opinions, depositions, medical documents and more. This is a crucial part of your legal action since it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

When your erb's palsy law firm palsy lawsuit is successful, your lawyer may be able get compensation that covers medical expenses and future costs for treatment such as adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need to gather evidence to prove the negligence that caused your child's brachial-plexus injury and may include medical documents, witness statements and expert testimony. After your lawyer has gathered this evidence, they'll make a claim against the defendants, who are usually the medical experts who delivered your child. The defendants are then given a set time frame to respond. In this discovery phase the parties will gather evidence to prove its case.

Most lawsuits are settled outside of court rather than go to trial, as it's more cost-effective for the 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 of justice and help educate people about how to avoid any future birth injuries. However, if the verdict is not in your favor it is possible to appeal the decision. This could take a bit longer, but can increase the amount you are awarded.