Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may help you and your family get closure. However, the process of litigation is complex and requires skilled legal representation.

A successful lawsuit may award your family members compensation for your child's medical bills and any future treatment. Read on to learn more about the Erb's Palsy lawsuit procedure.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on your child's specific case and the extent of their injuries, however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are settled out 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 save your family from having a jury or judge decide the case. If your family is unable to reach an agreement on a settlement and you are unable to reach a settlement, you must appear in the court. This can also take a long time but it can also potentially result in a higher amount.

The brachial plexus is a set of nerves that control movement within the arm. When you are pregnant, excessive forceful pulling of the neck, head, or shoulders or on the arms could result in damage to these nerves and cause Erb's Palsy. In many instances, the injury is preventable. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to raise the word about this birth injury which could have been prevented. In the past these lawsuits have helped families obtain a fair financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured by an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's Palsy settlement can help to pay for the treatment. This can include surgeries, therapy, 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 overturning a jury verdict. Your lawyer and hospital's lawyers will likely seek an agreement prior to the trial begins.

If you cannot reach an agreement, your case will go to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This type of hearing is more informal than a court trial however it is vital to have witnesses present and physical evidence.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can invite your witnesses to attend the hearing or provide their statements through video conferencing. Subpoenas must be sent in advance to all witnesses to ensure they are aware of the requirement to be present at the hearing. You must also keep your witnesses' phone numbers and addresses in the file in case you have to contact them for witnesses in the future.

Complaints in Court

Many children suffering from Erb's Palsy can overcome physical limitations with intense physical therapy every day. Some will require surgery to repair torn or damaged nerve fibers. However, a large percentage of children are not able to recover to any measurable degree and will have to live with the effects of this birth injury for life. Parents who believe that their child's Erb's palsy was the result of negligence in the delivery process have the right seek fair compensation for their child's injuries.

To determine the worth of your case Your lawyer will work with doctors who specialize in treating these ailments to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you are entitled to under your erb's palsy law firms palsy settlement. Your lawyer will also help you get copies of the medical records for your child and investigate whether the doctor who performed your child's birth had prior experience with similar malpractice cases.

If your lawyer has a solid understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an important part of your legal defense because it allows you to build your case. Settlements can last for nowlinks.net up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to obtain compensation for medical costs and future treatment costs, including adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove malpractice that caused the brachial plexus injuries to your child, which could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, he will bring a lawsuit against the defendants. They are typically the medical professionals that delivered your child. The defendants are then given a set time frame to respond. During this discovery phase, each side will gather evidence to support its claims.

Most lawsuits are settled outside of court, rather than going to trial since it is more cost-effective for everyone involved. If however, your attorney is confident that they will prevail in court, they could decide to pursue the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit can provide families with a sense justice and raise awareness to prevent these kinds of injuries from happening in the future. If the verdict isn't favorable you can appeal. This could take a bit longer, but it could raise the amount you receive.