erb's palsy lawyers Palsy Litigation

Legal action following your child's brachial-plexus injury may help you and your family find closure. The process of litigation is complicated and requires a skilled lawyer.

If you are successful in your lawsuit, your family can receive compensation for the medical bills of your child as well as future treatment. Read on to learn more about the Erb's Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily be millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers of both the plaintiff and the defendant will work together to find an acceptable settlement to both parties. This can drastically reduce the legal process and save your family from facing the jury or judge. If your family members are unable to reach an agreement on a settlement the family will have to appear in the court. This can take a considerable amount of time, but can also result in a larger settlement.

The brachial complex is a collection of nerves that regulate movement in the arm. The forceful pulling of the neck, head, arms, or shoulders during labor and delivery -for example, when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to create awareness of this birth injury that could have been avoided. In the past, these lawsuits have helped families get a fair financial settlement and help their child get back on path.

Mediation or Arbitration

If your child was injured in the womb because of medical negligence and suffered brachial palsy, anErb's Palsy settlement could help you pay for their treatment. This may include therapy, treatment devices, assistive devices, erb's palsy lawyer and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital's attorneys are likely to try to reach a settlement before the trial begins.

If you're not able to agree to a settlement, your case will proceed to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This hearing is more informal than a court trial however it is vital to present witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You may either invite your witnesses to the hearing or submit their statements through video conferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas prior to the hearing. You must also keep the names of witnesses' telephone numbers and addresses on file, in case you need to contact them as an upcoming witness.

Complaints in the Court

Many children suffering from Erb's Palsy are able to overcome physical limitations by intense daily physical therapy. Some will require surgery to repair torn or damaged nerve fibers. A large number of children are not able to recover and will have to live suffering 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 collaborate with specialists in treating this condition to develop an annual cost of living estimate. This is used to determine how much you're entitled to from the Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records, and investigate whether the doctor who performed surgery on your child's care had a experience of malpractice.

Once your lawyer has a clear knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will go through the discovery phase which includes exchanging evidence such as expert opinions, depositions, additional medical documents, and so on. This is a crucial aspect of your legal proceedings because it allows both sides to present their case. It could take up to an entire year before you can settle a case.

Settlement

If your Erb's Palsy lawsuit is a success, your lawyer might be able to get compensation to cover medical expenses, future treatment costs and adaptive devices in addition to physical therapy. You may be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer must gather evidence to prove the malpractice that caused the brachial plexus injuries to your child which could include medical documents, witness statements and expert testimony. After your lawyer has collected the evidence, they'll bring the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants are then given a certain period of time to respond. In the discovery phase, each side will gather evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial since it is cheaper for everyone involved. If your attorney is confident that they will win the case in court, they might decide to try to get an appeal to a jury verdict. A successful verdict in an injury lawsuit for birth can bring families a sense of justice, and also help to raise awareness and prevent these types of injuries from happening in the future. If the verdict you receive is not favorable you may appeal. While this process can take longer, it can also increase the amount of compensation you receive.