Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family may receive compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's Palsy lawsuit procedure.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and Erb's Palsy Litigation other losses. The amount of money that is awarded in a settlement is contingent upon your child's specific case and the severity of their injuries, but it could easily reach the millions of dollars.

Many of the Erb's Palsy lawsuits have been settled out of court. The lawyers of both the plaintiff and defendant will come together to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process, and also prevent your family from having to face a judge or Erb's Palsy Litigation jury. However, if the family cannot agree on a settlement you will have to go to trial. This can take a considerable amount of time, however it can also result in a bigger amount.

The brachial plexus is a set of nerves which control movement in the arm. The forceful pulling of the neck, head arms or shoulders during labor and delivery -like when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the harms they cause. They also want to create awareness about this birth injury which could have been prevented. In the past, these lawsuits have helped families obtain an appropriate financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured while in the womb as a result of medical negligence, and suffered from brachial palsy, an erb's palsy settlement settlement for palsy can help pay for their treatment. This can include therapy, surgery, assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital's attorneys are likely to seek a settlement before the trial begins.

If you are not able to reach an agreement, your case will go to arbitration. This means that an impartial third party will take in both sides and decide who will win the lawsuit. This hearing is more informal than a court trial, but it is essential to present witnesses and other physical evidence.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can either invite your witnesses to attend the hearing or provide their statements via videoconferencing. Subpoenas must be sent in advance to all witnesses so they are aware of the requirement to attend the hearing. You should also keep the numbers of your witnesses and addresses on file in case you have to call them as witnesses in the future.

Complaints in Court

Many children who suffer from Erb's syndrome can overcome their physical limitations by regular physical therapy. Some may require surgery to fix torn or separated nerve fibers. However, a large percentage of children will not recover to any measurable degree and will be left with the effects of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's palsy was the result of negligence by a medical professional during the birth process are entitled to claim fair compensation for the injuries suffered by their child.

Your lawyer will work with specialists in treating this condition to create an estimated cost of living for life estimate. This will help you determine the amount of compensation you are entitled to through your erb's palsy attorney settlement for palsy. Your lawyer can also assist 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 medical malpractice case.

If 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 sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial aspect of the legal process because it gives both sides the chance to develop their arguments. It can take up one year to settle a case.

Settlement

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

Your lawyer will need to gather evidence to prove negligence that caused the brachial plexus injury to your child that could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will bring the lawsuit against the defendants, who are typically the medical professionals who delivered your child. The defendants are given a certain amount of time to reply to the lawsuit, and during this discovery stage, both sides will gather additional evidence to back their claims.

Most lawsuits are settled out of court instead of going to trial, because it's more cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case in court it could be decided to try to get the jury. A successful verdict can bring families a sense that justice has been done and raise awareness about how to avoid any future birth injuries. However, if your verdict is not favorable to you, you can appeal the decision. Although this process may take more time, it can also increase the amount of the compensation you receive.