Erb's Palsy Litigation

In the aftermath of your child's brachial injury can bring you and Erb's Palsy Lawsuit your family closure. However, the litigation process is complex and requires expert legal representation.

A successful lawsuit could grant your family compensation for child's medical bills and any future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file lawsuits against erb's palsy lawyers palsy to recover compensation for medical expenses and other expenses. 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 of the Erb's Palsy lawsuits have been settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can drastically reduce the legal process, and also prevent your family from having to face a judge or jury. If your family is not able to reach a settlement and you are unable to reach a settlement, you must appear in court. This can take a significant amount of time, but could also result in a bigger amount.

The brachial plexus is a group of nerves that regulate movement within the arm. During labor and birth excessive forceful pulling of the neck, head, or shoulders, or on the arms can damage these nerves, causing Erb's palsy. In many cases, this injury is preventable. 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 this birth injury that could have been avoided. In the past, these lawsuits have helped families obtain an equitable financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured during the womb due to medical negligence and suffered brachial palsy, an erb's palsy attorneys Settlement for palsy could help you pay for their care. This may include therapy, treatment, assistive devices, and surgeries.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will likely attempt to reach an agreement prior to the trial starts.

If you cannot reach an agreement, the case will go to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This type of hearing is more informal than a court trial, however, it is crucial to have witnesses present and physical evidence.

You will also need copies of all legal documents and witnesses to present at the hearing. You may either have your witnesses attend the hearing or provide their statements using video conferencing. Subpoenas should be sent in advance to all witnesses so they are aware the requirement to attend the hearing. You should also keep the numbers of your witnesses and addresses in the file in case you have to call them as witnesses in the future.

Complaint in the Court

Many children with Erb's Palsy can overcome physical limitations with intense daily physical therapy. Some children will require surgery to repair the torn nerve fibers. A large percentage of children do not recover and are forced to live suffering from the effects of this birth injury. Parents who believe their child's Erb's palsy was the result of medical negligence during the birth process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

To establish the value of your case, your lawyer will work with specialists in treating these ailments to develop a 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 help you get copies of the medical records for your child and determine if the doctor who was involved in your child's birth had a history of similar malpractice cases.

Once your lawyer has a solid knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both parties will undergo the discovery phase which includes exchanging evidence including expert opinions, depositions, medical records and more. This is a crucial aspect of your legal action since it allows both sides to develop their arguments. It can take up to a year to settle a case.

Settlement

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

Your lawyer will need to gather evidence to prove the mistake that led to your child's brachial plexus injury and may include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, he or Erb's Palsy lawsuit she will file a lawsuit against the defendants. These are usually the medical professionals that delivered your child. The defendants are then given a specific amount of time to reply. In this phase of discovery each side will gather evidence to prove its case.

Most lawsuits are settled out of court instead of going to trial as it's more cost-effective for everyone involved. If your lawyer is confident they can win in court, they could decide to take the case to the verdict of a jury. A successful verdict in a birth injury lawsuit can bring families a sense of justice and help raise awareness to prevent these kinds of injuries from occurring in the future. If the verdict isn't favorable you may appeal. This procedure could take longer, but it could raise the amount you receive.