Erb's Palsy Litigation

In the aftermath of your child's brachial-plexus injury can bring your family and you closure. However, the process of litigation is complicated and requires experienced legal representation.

If you win your lawsuit, your family can receive compensation for medical bills of your child as well as future treatment. Find out more about the erb's palsy law firm palsy lawsuit procedure.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular situation. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This could speed up the legal process considerably and prevent your family from having a jury or judge decide on their case. If your family is unable to agree on a settlement then you'll need to appear in court. This can take a lot of time, but it could also result in a bigger award.

The brachial plexus is a group of nerves that regulate movement within the arm. A forceful pull on the neck, head, shoulders or arms during labor and deliveryfor example, when doctors use forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. This injury is often preventable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families obtain a fair financial settlement and Erb's palsy lawsuit get their child's life back on the right track.

Arbitration or Mediation

If your child was injured while in the womb because of medical negligence and suffered brachial palsy, anErb's Settlement for palsy could help you pay for their treatment. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits settle without court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a judge could overturn a verdict awarded by a jury. Your lawyer and Erb's palsy lawsuit the hospital's lawyers are likely to try to reach an agreement before the trial begins.

If you are unable agree to a settlement the case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This type of hearing is more informal than a court trial, however, it is crucial to have witnesses present and physical evidence.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. You can either invite your witnesses to attend the hearing or give statements using video conferencing. You must ensure that all of your witnesses are aware they must attend the hearing by submitting subpoenas prior to the hearing. You must also keep your witnesses' numbers and addresses on file, in case you have to contact them for witnesses in the future.

Complaints in Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intense daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a significant number of children do not recover to any measurable degree and will have to live with the effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

To determine the value of your case Your lawyer will work with specialists in treating these conditions to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's settlement for palsy. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor who was involved in your child's birth had previous malpractice cases.

When your lawyer is aware of the harms your child has suffered she will bring a lawsuit against the defendants. Both parties will go through the discovery phase which includes exchanging evidence including expert opinions, depositions, additional medical documents and more. This is an essential aspect of your legal case as it allows you to construct your case. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to secure compensation to cover medical expenses and future costs for treatment such as 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 mistake that led to your child's brachial-plexus injury that could include medical documents, witness statements and expert testimony. After your lawyer has collected the evidence, they will file the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants will then be given a specified amount of time to reply to the lawsuit. during the discovery phase both sides will gather additional evidence to support their claims.

Most lawsuits settle out of court, instead of going to trial because it's cheaper for all parties involved. If your attorney is confident that they will prevail in the case at trial they may decide to go to the jury. A successful verdict could bring families a sense that justice has been done and help educate people about how to prevent future birth injuries. If the verdict isn't favorable, you can appeal. While this process could take more time but it also can increase the amount of the amount you are awarded.