Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could aid you and your family members find closure. The process of litigation can be complicated and requires an experienced lawyer.

A successful lawsuit could award your family compensation for child's medical bills and future treatment. Read on to learn more about the Erb's-Palsy lawsuit procedure.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on the particular situation of your child as well as the severity of their injuries but can easily soar into the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both plaintiff and defendant will collaborate to negotiate an agreement that is acceptable to both parties. This can speed up the legal process significantly and prevent your family from having a jury or judge decide on their case. If your family is unable to reach an agreement, you'll have to go to trial. This could take a long amount of time, but could also result in a larger settlement.

The brachial area is a group of nerves that control movement within the arm. The forceful pulling of the head, neck, arms or shoulders during labor and deliverylike when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also seek to raise awareness about the birth injury which could have been avoided. In the past, these lawsuits have helped families obtain an appropriate financial settlement to help their child get back on path.

Mediation or Arbitration

If your child was injured by an injury to the brachial area in the womb due to medical negligence, an Erb's Palsy settlement could help you pay for his or her care. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits settle outside of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital's attorneys are likely to attempt to negotiate an agreement before the trial starts.

If you cannot reach an agreement, the case will be referred to arbitration. This means that an impartial third party will take in both sides and decide who will win the lawsuit. This type of hearing is more informal than a court case, however, it is crucial to present witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can have witnesses attend the hearing in person or you can submit their statements via video conferencing. Subpoenas must be issued in advance to all witnesses in order they are aware of the requirement to be present at the hearing. Additionally, you should have your witnesses' addresses and contact numbers on file in case they are required to appear to testify in the future.

Complaints in the Court

Many children suffering from erb's palsy lawyers Palsy are able to overcome physical limitations by intense physical therapy every day. Some children will need surgery to repair the torn nerve fibers. However, a substantial proportion of children are not able to recover in any way and must live with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb's syndrome was due to medical negligence during the birth procedure have the right to claim an appropriate amount of compensation for their child's injuries.

To determine the value of your case the lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This determines the amount you are entitled to receive from your settlement for Erb's Palsy. 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's treatment had a previous record of malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery phase which involves exchanging evidence like expert opinions, depositions, additional medical documents, and so on. This is a crucial part of your legal case as it allows you to construct your arguments. Settlements can take up to one year.

Settlement

When your erb's palsy attorneys palsy lawsuit is successful, your lawyer could be able to get compensation to cover medical expenses and future treatment costs including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer must gather evidence to prove negligence that caused your child's brachial plexus injury, which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will file the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will then be given a specified amount of time to respond to the lawsuit, and during this discovery stage, both sides will gather more evidence to support their claims.

Most lawsuits settle out of court instead of going to trial, as it's cost-effective for all parties involved. However, if your attorney is confident they can win in court, they might choose to take the case all the way to the verdict of a jury. A successful verdict in a birth injury lawsuit can provide families with a sense justice and raise awareness to prevent these types of injuries from happening in the future. If the verdict you receive is not favorable, you can appeal. While this process could take longer but it also can increase the amount of compensation you receive.