Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can bring your family and you closure. The litigation process can be complicated and requires an experienced lawyer.

If you prevail in your lawsuit, your family will receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the specific case. It could easily be millions of dollars.

Many of the verona erb's palsy lawyer palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that pleases both parties. This can significantly speed up the legal process, and also prevent your family from having to go before jurors or judges. If your family members are unable to agree on a settlement you will have to go to trial. This can take a lot of time, but could also result in a larger amount.

The brachial plexus is a group of nerves which control movement within the arm. Forcing the neck, head, shoulders or arms during labor and delivery -like when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and cause erb's palsy law firm palsy. This condition is usually prevented. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about this birth injury which could have been avoided. In the past these lawsuits helped families get a fair financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured while in the womb by medical negligence and was later diagnosed with brachial paralysis, an Erb's Palsy settlement could help you cover the cost of their treatment. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital attorneys will most likely seek to negotiate a settlement before the trial gets underway.

If you fail to reach an agreement, your case will go to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. This type of hearing is more informal than a court trial, but it is important to present witnesses and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can attend the hearing in person, or you can submit their statements through video conferencing. Subpoenas must be sent in advance to all witnesses to ensure that they are aware the requirement to attend the hearing. Also, keep your witnesses' phone numbers and addresses in the file in case you need to call them as a future witness.

A complaint to the court

Many children suffering from Erb's Palsy can overcome physical limitations through regular physical therapy. Some will require surgery to repair damaged or Erb's Palsy Lawsuit separated nerve fibers. A large number of children are never able to recover and must continue to live with the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

Your lawyer will work with specialists in treating this condition to produce an annual cost of living estimate. This helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records and determine whether or not the doctor who performed surgery on your child had a previous experience of malpractice.

When your lawyer has a thorough knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal proceeding since it allows both sides to build their arguments. It can take up one year to negotiate a settlement.

Settlement

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

Your lawyer will have to gather evidence to prove the mistake that led to your child's brachial plexus injury which could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will make a claim against the defendants. These are usually the medical professionals that gave your child. The defendants will be given a certain amount of time to respond to the lawsuit. during the discovery phase each side will gather more evidence to support their assertions.

Most lawsuits are settled out of court instead of going to trial due to the fact that it is cost-effective for everyone involved. If your attorney is convinced that they will win the case in court, they might decide to try to get an appeal to a jury verdict. A successful verdict will provide families with a sense of justice and help educate people about how to avoid any future birth injuries. If your verdict is not favorable you can appeal. Although this process may take longer but it also can increase the amount of compensation you receive.