erb's palsy lawyer Palsy Litigation

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

A successful lawsuit could grant your family members compensation for child's medical bills and any future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain the cost of medical treatment and other losses. The amount of money awarded will depend on the severity of your child's injuries and the particular situation. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can drastically cut down on the legal process, and also prevent your family from having to appear before the jury or judge. If, however, your family cannot agree on an agreement, you'll have to go to trial. This can take a significant amount of time, but could also result in a bigger amount.

The brachial plexus is a group of nerves that regulate movement within the arm. During labor and delivery excessive forceful pulling of the head, neck or shoulders, or on the arms could result in damage to these nerves and cause Erb's palsy. The injury is often avoidable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to create awareness of this birth injury which could have been avoided. In the past the lawsuits have allowed families to obtain an equitable financial settlement and help their child get back on path.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's Palsy settlement could help you to pay for the care. This could include surgery, therapy as well as assistive devices and treatment.

Many lawsuits settle outside of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a court could reverse a verdict given by the jury. Your lawyer and the hospital's lawyers will probably try to reach an agreement before the trial begins.

If you're not able to agree to a settlement the case will go to arbitration. A neutral third party will listen to both sides and decide who wins the case. This type of hearing is more informal than a court case, but it is essential to provide witnesses and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to attend the hearing in person or they can give their testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses in order they are aware the requirement to attend the hearing. Also, keep the numbers of your witnesses and addresses in the file in case you need to call them as a future witness.

Complaints in Court

Many children suffering from the condition Erb's-Palsy can overcome their physical limitations with intensive daily physical therapy. Some children will require surgery to repair the torn nerve fibers. However, a significant number of children are not able to recover to a significant degree and must live with the handicaps of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with doctors that specialize in treating this condition to develop the lifetime cost of living estimate. This is used to determine how much you're entitled to from your settlement for erb's Palsy lawsuits Erb's Palsy. Your lawyer can also assist you get copies of your child's medical records, and look into whether or not the doctor who treated your child had a previous medical malpractice case.

Once your lawyer has identified the injuries of your child and the child's injuries, she will start a lawsuit against defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal action since it allows both sides to develop their arguments. It can take as long as an entire year to arrive at a settlement.

Settlement

If your lawsuit against Erb's Palsy is a success your lawyer could be able obtain compensation to pay for medical expenses, future treatment costs and Erb's Palsy Lawsuits adaptive devices in addition to physical therapy. You may be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial plexus in your child. This could include medical records and testimony from witnesses as well as expert testimony. After your lawyer has collected this evidence, they'll file the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are then given a certain amount of time to reply. During this discovery phase the parties will gather evidence to back up their claims.

Most lawsuits settle out of court rather than going to trial because it's cheaper for all parties involved. If however, your attorney is confident they can win at trial, they may decide to pursue the case all the way to the verdict of a jury. A successful verdict can give families a sense justice and help spread awareness about how to avoid any future birth injuries. If the verdict isn't favorable you may appeal. While this process can take longer, it can also increase the amount of the amount you are awarded.