Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family can be awarded compensation for the medical bills of your child as well as future treatment. Learn more about the Erb's-Palsy lawsuit process.

The Legal Process

The most popular reason for families to start an erb's palsy lawsuits Palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on the particular situation of your child as well as the extent of their injuries, but it could easily reach the millions of dollars.

Many of Erb's lawsuits involving palsy are resolved outside of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can drastically cut down on the legal process and save your family from having to go before a judge or jury. If your family is unable to reach a settlement and you are unable to reach a settlement, you must appear in court. This can take a considerable amount of time, but it could also result in a bigger award.

The brachial plexus is a set of nerves that regulate movement within the arm. When you are pregnant excessive forceful pulling on the neck, head, or shoulders or on arms, could cause damage to these nerves, leading to Erb's palsy. In many cases, this injury can be prevented. Families seek to make negligent healthcare providers accountable for the harm they cause. They also wish to raise awareness about this birth injury which could have been prevented. In the past these lawsuits have helped families obtain an equitable financial settlement to support their child's future.

Mediation or Arbitration

If your child was injured during the womb due to medical negligence, and suffered from brachial palsy, an Erb's settlement for palsy can help cover the cost of their treatment. This can include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a judge overturning a jury verdict. Your lawyer and hospital's attorneys are likely to seek a settlement prior to when the trial begins.

If you are unable to reach an agreement, the case will be sent to arbitration. This means that a neutral third party will take in both sides and decide who wins the case. This hearing is more informal than a court trial but it is essential to provide witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to present at the hearing in person, or you can present their testimony via video conferencing. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. Keep the names of witnesses' telephone numbers and addresses on file, in case you have to contact them as a future witness.

Complaints in the Court

Many children suffering from erb's palsy law firms palsy can overcome physical limitations with intense physical therapy every day. Some may require surgery to fix torn or damaged nerve fibers. A large percentage of children are never able to recover and must continue to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to fair compensation.

Your lawyer will collaborate with specialists in treating this condition to create an annual cost of living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also help you get copies of the medical records for your child and investigate whether the doctor who performed the birth of your child had prior experience with similar malpractice cases.

If your lawyer has a thorough knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of the legal process since it allows both sides to build their arguments. Settlements can last up to one year.

Settlement

If your erb's palsy lawsuits Palsy lawsuit is successful, your lawyer could be able to get compensation that covers medical costs and future treatment costs including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need to gather evidence to prove mistake that led to your child's brachial-plexus injury, which could include medical documents, witness statements and expert testimony. Once your attorney has gathered the evidence, they will file the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants will be given a certain period of time to respond to the lawsuit, and during this discovery stage both sides will gather additional evidence to prove their assertions.

Most lawsuits are settled outside of court, rather than going to trial since it's more cost-effective for all parties involved. If your lawyer believes that they can win in court, they could decide to pursue the case to an appeals court verdict. A successful verdict will provide families with a sense of justice and raise awareness about ways to avoid future birth injuries. If the verdict isn't favorable you may appeal. Although this process may take longer but it also increases the amount of the amount you are awarded.