Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial plexus injury can bring your family and you closure. However, the process of litigation is complicated and requires experienced legal representation.

If you prevail in your lawsuit, your family may receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's-Palsy lawsuits to obtain compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular case. It can easily reach millions of dollars.

Many cases involving erb's palsy lawsuits palsy have been settled without court. The lawyers for both plaintiff and defendant work together to find an acceptable settlement to both parties. This could speed up the legal process by a significant amount and spare your family from having a jury or judge decide the case. If, however, your family members are unable to agree on the terms of settlement, you'll need to go to trial. This could take a long amount of time, but can also result in a bigger amount.

The brachial plexus is a group of nerves that control movement within the arm. During labor and birth, excessive forceful pulling of the neck, head or shoulders or on the arms could cause damage to these nerves, leading to Erb's Palsy. In many instances, the injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past these lawsuits helped families secure an appropriate financial settlement to help their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's palsy settlement could help you pay for their care. This could include therapy, treatment as well as assistive devices and procedures.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and the hospital's attorneys are likely to attempt to negotiate an agreement before the trial starts.

If you are unable to reach an agreement, the case will be referred to arbitration. This means that a neutral third party will hear both sides and decide who will win the case. The hearing may be more informal than a trial, however it's important to present witnesses and evidence to the hearing.

You will also require copies of all legal documents and witnesses to be present at the hearing. You can either have your witnesses attend the hearing or present their statements via videoconferencing. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas before the hearing. In addition, you must have your witnesses' addresses and telephone numbers on file in case they are called as witnesses in the future.

Complaints in the Court

Many children with Erb's -Pallsy are able to overcome physical limitations by intensive daily physical therapy. Some may require surgery to fix torn or damaged nerve fibers. However, a significant number of children do not recover to any measurable degree and will be left with the handicapping effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to fair compensation.

Your lawyer will work with doctors that specialize in treating this condition to produce an annual cost of living estimate. This will help determine the amount you're entitled to from the erb's Palsy law firms palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and investigate whether or not the doctor who treated your child's care had a experience of malpractice.

If your lawyer has a clear knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal case because it allows you to construct your case. It can take up an entire year before you can negotiate a settlement.

Settlement

If your Erb's palsy lawsuit is successful, your lawyer might be able to get compensation to pay for medical expenses as well as future treatment costs. adaptive devices, as well as physical therapy. You could be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will have to collect evidence to prove the error that caused the brachial plexus injuries to your child, which could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against defendants. They are typically the medical professionals that provided your child with. The defendants are then given a certain time frame to respond. During this discovery phase each side will collect evidence to back up their claims.

Most lawsuits are settled out of court rather than go to trial, because it's cost-effective for Erb's Palsy Law Firms all parties involved. If your attorney is confident that they can win the case at trial it could be decided to pursue it to the jury for a verdict. A successful verdict can provide families with a sense of justice and help spread awareness about how to prevent future birth injuries. If your verdict is not in your favor, you can appeal the decision. This process may take longer, but it will raise the amount you receive.