Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family may receive compensation for the medical bills of your child and future treatment. Learn more about the Erb's syndrome lawsuit procedure.

The Legal Process

Families file Erb's-Palsy lawsuits to seek the cost of medical treatment and other losses. The amount of money that is awarded in a settlement will depend on the particular case of your child and the severity of their injuries, but it could easily reach the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both plaintiff and defendant will work together to find a settlement that is acceptable to both parties. This can drastically reduce the legal process and avoid your family from having to appear before an attorney or a jury. If your family members are unable to agree on the terms of settlement, you'll need to go to trial. This can take a long time, but it can also potentially result in a larger award.

The brachial complex is a collection of nerves which control movement within the arm. A forceful pull on the neck, head arms, or shoulders during labor and birth- such as when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage the nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms they cause. They also wish to spread the word about this birth injury which could have been avoided. In the past these lawsuits have allowed families to obtain an equitable financial settlement and get their child's life back on track.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence and has suffered brachial sprains, an erb's palsy attorneys Palsy settlement can help you pay for their care. This can include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and the hospital's attorneys will likely seek a settlement before the trial gets underway.

If you fail to reach an agreement, your case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. The hearing may be more informal than a trial, however it is important to provide witnesses and evidence to the hearing.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can either invite your witnesses to attend the hearing or present their statements using video conferencing. You must ensure that all of witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must keep your witnesses' addresses and phone numbers in case in case they are required to appear as a witness in the future.

Complaints in the Court

Many children who suffer from erb's palsy law firm palsy can overcome their physical limitations by intensive daily physical therapy. Some children will 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 handicaps of this birth injury for Erb's Palsy lawsuit the rest of their the rest of their lives. Parents who believe that their child's Erb's paralysis was the result of medical negligence during the birth process have the right to claim fair 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 create a cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and investigate whether the doctor Erb's Palsy Lawsuit who performed your child's birth had a history of similar malpractice cases.

If your lawyer has a good understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will undergo the discovery phase that involves exchanging evidence such as expert opinions, depositions, additional medical documents and more. This is an essential aspect of your legal argument because it allows you to build your case. It can take up to an entire year before you can reach a settlement.

Settlement

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

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial plexus in your child. This could include medical records and witness statements, as well as expert testimony. Once your lawyer has gathered the evidence, they'll file the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants are then given a set amount of time to reply. In the discovery phase each side will gather evidence to support its claims.

Most lawsuits are settled out of court rather than going to trial because it is cost-effective for everyone involved. If however, your attorney is confident that they will prevail at trial, they may decide to pursue the case to an appeals court verdict. A successful verdict in an injury lawsuit for birth can give families a sense justice and can help increase awareness in order to prevent these types of injuries from happening in the future. If, however, your verdict is not in your favor it is possible to appeal the decision. This procedure could take longer, but it can increase the amount you get.