Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could help you and your family members find closure. The process of litigation is complicated and requires a skilled lawyer.

If you win your lawsuit, Erb's Palsy lawsuits your family will be awarded compensation for the medical bills of your child and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical costs and other losses. The amount of money that is awarded in a settlement is contingent upon the particular case of your child and the severity of their injuries but it can easily go into the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and defendant will come together to negotiate a settlement that is acceptable to both parties. This can significantly shorten the legal process, and also prevent your family from facing the jury or judge. If your family members are unable to reach a settlement and you are unable to reach a settlement, you must appear in the court. This can take a significant amount of time, however it can also result in a larger amount.

The brachial plexus is a set of nerves that regulate movement within the arm. A forceful pull on the head, neck, shoulders or arms during labor and deliverysuch as when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and lead to erb's palsy lawyers palsy. This injury is often prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also seek to increase awareness about the birth injury that could have been prevented. In the past these lawsuits helped families get an affordable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child was injured during the womb as a result of medical negligence and has suffered brachial palsy, anErb's Palsy settlement can help you pay for their care. This could include surgery, therapy aidive devices, and treatment.

Many lawsuits settle outside of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a judge ruling to overturn a jury verdict. Your lawyer and erb's Palsy lawsuits hospital's attorneys will likely seek an agreement prior to the trial begins.

If you're not able to settle your dispute the case will go to arbitration. A neutral third party will consider both sides and determine who wins the case. This type of hearing is more informal than a court case, but it is essential to present witnesses and other physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can either have your witnesses attend the hearing or submit their statements using video conferencing. Subpoenas must be issued in advance to all witnesses in order that they are aware of the requirement that they attend the hearing. Additionally, you should have their addresses and phone numbers on file in case they are called as a witness in the future.

Complaint to the Court

Many children who suffer from Erb's palsy can overcome their physical limitations with regular physical therapy. Some children require surgery to repair the torn nerve fibers. A large number of children do not recover and are forced to live their lives with the effects of this birth injury. Parents who believe that their child's Erb's palsy was due to negligence in the delivery process are entitled to claim fair compensation for their child's injuries.

Your lawyer will work with doctors who are experts in treating this condition to develop the lifetime cost of living estimate. This is used to determine how much you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also help you obtain copies of your child's medical records and determine if the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.

If your lawyer has a clear understanding of the injuries suffered by your child she will file a lawsuit against the defendants. Both sides will go through the discovery process which involves exchanging evidence like expert opinions, depositions, additional medical records, and more. This is a vital part of your legal action since it allows both sides to construct their arguments. It could take up to one year to reach a settlement.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer might be able to get compensation that covers medical costs and future treatment costs, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the brachial plexus injury in your child. This may include medical records and witness statements as well expert testimony. Once your lawyer has collected the evidence, he or she will bring a lawsuit against the defendants. They are typically the medical professionals who gave your child. The defendants will be given a set amount of time to respond to the suit, and during this discovery phase, both sides will gather more evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial, because it's more cost-effective for the parties involved. If however, your attorney believes they will win in court, they could choose to take the case all the way to a verdict by a jury. A successful verdict in the case of a birth injury lawsuit may give families a sense justice, and also help to raise awareness and prevent these types of injuries from happening in the future. If, however, your verdict is not favorable to you then you may appeal the decision. This process may take longer, but it could raise the amount you receive.