stewartville erb's palsy law firm Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family find closure. However, the litigation process is complicated and requires experienced legal representation.

If you prevail in your lawsuit, your family could receive compensation for medical bills of your child and future treatment. Learn more about the Erb's Palsy lawsuit process.

The Legal Process

The most frequent reason for families to bring an Erb's palsy suit 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 case. It could easily reach millions of dollars.

Many of the newnan erb's palsy Lawyer palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This could speed up the legal process significantly and prevent your family from having a judge or jury decide on their case. If, however, your family is unable to reach a settlement you will have to go to trial. This could take a long amount of time, but could also result in a larger amount.

The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling of the head, neck or shoulders, or on the arms, can cause nerve damage, resulting in Erb's Palsy. In many instances, crestview erb's palsy attorney the injury can be prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness of this birth injury that could have been avoided. In the past these lawsuits have helped families secure an appropriate financial settlement to get their child's life back on track.

Arbitration or Mediation

If your child was injured in the womb because of medical negligence and was later diagnosed with brachial palsy, anErb's Settlement for palsy could help you pay for their care. 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 court overturning a jury verdict. Your lawyer and hospital's attorneys will likely attempt to reach an agreement before the trial gets underway.

If you are not able to reach an agreement, your case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. The hearing may be more informal than a trial, but it is important to provide witnesses and evidence for the proceedings.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to present at the hearing in person, or you can present their testimony through video conference. Subpoenas need to be sent in advance to all witnesses so that they are aware of the requirement that they attend the hearing. In addition, you must keep your witnesses' addresses and contact numbers on file in case they are required to appear to testify in the future.

A complaint to the court

Many children suffering from Erb's Palsy can overcome their physical limitations by intense physical therapy every day. Some children may require surgery to repair torn nerve fibers. A significant number of children are not able to recover and will have to live their lives with the consequences of this birth injury. Parents who believe their child's Erb's syndrome was due to medical negligence during the birth process have the right to claim an appropriate amount of compensation for their child's injuries.

To establish 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 is used to determine how much you are entitled to receive from the Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records, and look into whether the doctor who gave you your child's treatment had a previous medical malpractice case.

When your lawyer is aware of the harms your child has suffered she will bring a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal proceedings because it allows both sides to present their case. It can take up to an entire year before you can negotiate a settlement.

Settlement

If your Erb's Palsy lawsuit is a success your lawyer might be able to get compensation to pay for medical expenses, future treatment costs and 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 the malpractice that caused your child's brachial-plexus injury and may include medical documents, witness statements and expert testimony. Once your lawyer has collected the evidence, he will make a claim against the defendants. These are usually the medical professionals who have delivered your child. The defendants are given a specific amount of time in which to respond to the suit, and during the discovery phase, both sides will gather additional evidence to back their claims.

Most lawsuits are settled outside of court, rather than going to trial due to the fact that it is cost-effective for all parties involved. If your attorney is confident that they can win the case at trial they may decide to take it to a jury verdict. A successful verdict will give families a sense of justice and help educate people about how to prevent future birth injuries. If your verdict is not in your favor You can appeal the decision. While this process could take more time but it also increases the amount of compensation you receive.