Erb's Palsy Litigation

The legal process 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 an experienced lawyer.

If you are successful in your lawsuit, your family will be awarded compensation for the medical expenses of your child as well as future treatment. Find out more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical costs and other losses. The amount of money awarded in a settlement is contingent upon the specific situation of your child and the extent of their injuries, however, it can easily rise to the thousands of dollars.

Many of Erb's palsy lawsuits have been settled outside of court. The lawyers for both plaintiff and the defendant will collaborate to reach an agreement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from having to face jurors or judges. However, if the family cannot agree on a settlement you will have to go to trial. This can take a long time, however, it could result in a larger award.

The brachial plexus is a set of nerves which control movement in the arm. During labor and delivery, excessive forceful pulling of the head, neck or shoulders, or on the arms, can result in damage to these nerves and cause Erb's palsy law Firms palsy. In many cases, this injury can be prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to create awareness of this birth injury that could have been prevented. In the past, these lawsuits have helped families obtain an appropriate financial settlement to help their child get back on course.

Mediation or Arbitration

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 treatment. This may include treatment, therapy devices, assistive devices, and procedures.

Many lawsuits settle out of court. This means that plaintiffs can receive compensation quicker and erb's palsy law firms eliminates the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement before the trial starts.

If you are unable come to a deal the case will go to arbitration. A neutral third party will hear both sides and decide who wins the case. This kind of hearing could be more informal than a trial, however it's important to present physical evidence and witnesses for the proceedings.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. Witnesses may be required to present at the hearing in person or they can give their testimony through video conference. You must ensure that all of witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. Keep your witnesses' phone numbers and addresses on file, in case you need to call them as an upcoming witness.

A complaint to the court

Many children suffering from Erb's Palsy can overcome physical limitations through intense daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. However, a significant proportion of children do not recover in any significant way 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 amount of compensation.

Your lawyer will work with doctors that specialize in treating this condition. They will create a lifetime cost of living estimate. This determines the amount you are entitled to receive from the 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 treated your child's treatment had a previous record of malpractice cases.

Once your lawyer understands the child's injuries she will bring a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal argument because it allows you to construct your arguments. Settlements can last up to one year.

Settlement

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

Your lawyer must gather evidence to prove the malpractice that caused the brachial plexus injury to your child, which could include medical records, witness statements, and expert testimony. After your lawyer has gathered the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals that provided your child with. The defendants are given a specific period of time to respond to the suit, and during this process of discovery each side will gather additional evidence to back their claims.

Most lawsuits are settled out of court instead of going to trial due to the fact that it is cheaper for all parties involved. If your attorney is confident that they'll win the case at trial, they might decide to go to an appeal to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and can help increase awareness and prevent these types of injuries from occurring in the future. If the verdict isn't favorable you can appeal. While this process can take more time but it also can increase the amount of the compensation you receive.