Erb's Palsy Litigation

In the aftermath of your child's brachial injury can bring your family and you closure. The process of suing can be complicated and requires a skilled lawyer.

A successful lawsuit could grant your family members compensation for your child's medical bills and future treatment. Find out more about erb's palsy law firm palsy litigation procedure.

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical costs and Erb's Palsy Lawsuits other expenses. The amount of money awarded depends on the severity of your child's injuries as well as the particular situation. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers of both the plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties. This can shorten the legal process dramatically and spare your family from having a judge or jury decide on their case. However, if your family members are unable to agree on the terms of settlement, you'll need to go to trial. This could take a long amount of time, but can also result in a larger amount.

The brachial nerves regulate the movement of the arm. A forceful pull on the head, neck, arms or shoulders during labor and deliverylike when doctors employ forceps or vacuum extractors excessively -- can damage these nerves, causing Erb's palsy. In many cases, this injury is preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also wish to raise awareness of the birth injury that could have been avoided. In the past these lawsuits allowed families to obtain an affordable financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child was injured in the womb due to medical negligence, and suffered from brachial palsy, anErb's Palsy settlement can help you pay for their treatment. This may include treatment, therapy, assistive devices, and surgeries.

Many lawsuits settle without court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely seek a settlement before the trial begins.

If you're not able to agree to a settlement your case will be sent 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 but it is essential to present witnesses and other physical evidence.

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

Complaints in the Court

Many children with Erb's -Pallsy can overcome physical limitations with intense daily physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. However, a significant number of children will not recover to any measurable degree and will be left with the limitations of this birth injury for life. Parents who believe that their child's Erb's syndrome was the result of negligence in the delivery process have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

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 will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist to obtain copies of your child's medical records, and also determine whether or not the doctor who gave you your child's care had a medical malpractice case.

Once your lawyer understands the injuries suffered by your child then she will start a lawsuit against defendants. Both parties will go through the discovery phase, which includes exchanging evidence including expert opinions, depositions medical records and more. This is an essential part of your legal action because it allows both sides to develop their arguments. Settlements can take as long as one year.

Settlement

If your Erb's-Pallsy lawsuit is successful, your lawyer might be able to obtain compensation to pay for medical expenses for future treatment, future costs for treatment and 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 need evidence to prove that negligence caused the injury to the brachial area in your child. This could include medical records as well as witness statements as well as expert testimony. After your lawyer has gathered the evidence, he will start a lawsuit against defendants. They are typically the medical professionals who have delivered your child. The defendants will be given a specified period of time to respond to the suit, and during this process of discovery both sides will collect additional evidence to support their claims.

Most lawsuits are settled out of court rather than going to trial due to the fact that it is cost-effective for all parties involved. If your lawyer believes that they can win in court, they could decide to take the case all the way to an appeals court verdict. A successful verdict can bring families a sense that justice has been done and help spread awareness about how to prevent future birth injuries. However, if the verdict is not in your favor then you may appeal the decision. The process could take longer, but it can increase the amount you get.