Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family get closure. The process of litigation is complicated and requires a skilled lawyer.

If you win your lawsuit, your family will receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb’s palsy lawsuit procedure.

The Legal Process

Families file Erb's Psy lawsuits to obtain reimbursement 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 amount to millions of dollars.

Many of roosevelt erb's palsy lawyer palsy lawsuits have been resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically reduce the legal process and save your family from having to go before an attorney or a jury. If your family is not able to agree on a settlement, you will need to go to court. This can take a significant amount of time, however it can also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling of the head, neck 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 file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to create awareness about this birth injury which could have been prevented. In the past these lawsuits helped families get an equitable financial settlement that helped their child's future.

Mediation or Arbitration

If your child sustained an injury to the brachial area during birth due to medical negligence, an fairfield erb's palsy attorney palsy settlement can help pay for his or her treatment. This may include treatment, therapy devices, assistive devices, and operations.

Many lawsuits settle out of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely try to reach an agreement prior to the trial starts.

If you cannot reach an agreement, the case will be taken to arbitration. This means that an impartial third party will listen to both sides and decide who wins the case. This type of hearing can be more informal than a trial, however it's crucial to present witnesses and evidence for the hearing.

You will also require copies of all legal documents as well as witnesses to present at the hearing. You can have your witnesses attend the hearing or provide their statements through video conferencing. Subpoenas must be issued in advance to all witnesses so that they are aware of the requirement to be present at the hearing. Additionally, you should keep your witnesses' addresses and phone numbers on file in case they are called as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's syndrome can overcome their physical limitations with intense physical therapy every day. Some may require surgery to fix torn or damaged nerve fibers. However, a large percentage of children are not able to recover in any significant way and must live with the limitations of this birth injury for the rest of their lives. Parents who believe that their child's Erb's paralysis was due to negligence in the delivery process are entitled to seek an appropriate amount of compensation for their child's injuries.

To determine the value of your case the lawyer will work with doctors who are experts in treating these conditions to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also help you get copies of the medical records for your child and investigate whether the doctor responsible for your child's birth had previous malpractice cases.

When your lawyer has a thorough knowledge of the injuries suffered by your child and Vimeo.com the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal action because it allows both sides to develop their arguments. Settlements can last up to one year.

Settlement

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

Your lawyer will require evidence to show that malpractice caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well as expert testimony. Once your lawyer has gathered the evidence, he or she will bring a lawsuit against the defendants. These are usually the medical professionals that provided your child with. The defendants are then given a certain amount of time to reply. In this phase of discovery each side will gather evidence to prove its case.

Most lawsuits settle out of court rather than going to trial, because it's cheaper for all parties involved. If your lawyer believes they will win in court, they might choose to take the case to the verdict of a jury. A successful verdict in a birth injury lawsuit can 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. While this process can take more time, it can also increase the amount of compensation you receive.