Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial injury can help bring your family and you closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

If you prevail in your lawsuit, your family may receive compensation for medical bills of your child and future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

Families file erb's palsy attorney Psy lawsuits to get compensation for medical costs and other expenses. The amount of money awarded will depend on the severity of your child's injuries and the specific situation. It could easily amount to millions of dollars.

Many Erb's Palsy lawsuits settle without court. The lawyers of both the plaintiff and defendant come together to negotiate an acceptable settlement to both parties. This can drastically reduce the legal process, and also prevent your family from having to go before jurors or judges. However, if your family cannot agree on the terms of settlement, you'll need to go to trial. This can also take a long time, but it can also potentially result in a higher amount.

The brachial area is a group of nerves which control movement within the arm. Forceful pulling on the neck, head, attorneys shoulders or arms during labor and birthlike when doctors employ forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. The injury is often avoidable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also seek to increase awareness about this birth injury which could have been prevented. In the past these lawsuits helped families get an affordable financial settlement to help their child's future.

Arbitration or Mediation

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

Many lawsuits settle without court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely attempt to reach an agreement prior to the trial beginning.

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

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to witness your witnesses attend the hearing or provide their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses so that they are aware of the requirement to attend the hearing. Keep the names of witnesses' telephone numbers and addresses on file, in case you need to contact them as a future witness.

Complaints in the Court

Many children suffering from erb's palsy attorneys Palsy can overcome physical limitations through intense physical therapy every day. Some children will need surgery to repair torn nerve fibers. However, a substantial proportion of children don't recover in any significant way and must live with the effects of this birth injury for the rest of their lives. Parents who believe that their Erb's palsy in their child was due to negligence in the delivery process have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors who specialize in treating this condition. They will create the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who performed the birth of your child had an history of similar malpractice cases.

If your lawyer has a clear understanding of the child's injuries and the child's injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery phase which involves exchanging evidence such as expert opinions, depositions and medical documents and more. This is an essential part of your legal proceeding since it allows both sides to develop their arguments. It can take as long as one year to reach a settlement.

Settlement

If your Erb's palsy suit is successful, your lawyer could be able to secure compensation to cover medical costs and future treatment costs such as adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of living.

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial nerve in your child. This could include medical records, witness statements as well as expert testimony. Once your lawyer has gathered the evidence, he or she will file a lawsuit against the defendants. These are usually the medical professionals that delivered your child. The defendants will be given a set amount of time to respond to the lawsuit, and during the discovery phase both sides will gather more evidence to support their claims.

Most lawsuits are settled out of court instead of going to trial, because it's more cost-effective for the parties involved. If your attorney is confident that they can win the case in court and decides to pursue it to an appeal to a jury verdict. A successful verdict can give families a sense justice and help educate people about how to avoid any future birth injuries. If the verdict you receive is not favorable you may appeal. The process could take longer, but can raise the amount you receive.