Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family get closure. The process of litigation is complex and requires an experienced lawyer.

If you win your lawsuit, your family could receive compensation for medical expenses of your child as well as future treatment. Find out more about Erb's palsy litigation procedure.

The Legal Process

Families file Erb's-Palsy lawsuits to seek reimbursement for medical expenses and other losses. The amount of money offered in a settlement depends on the particular situation of your child as well as the severity of their injuries, however, it can easily rise to the thousands of dollars.

Many of american canyon erb's palsy law firm palsy lawsuits have been settled outside of court. The lawyers for both plaintiff and defendant will come together to negotiate a settlement that is acceptable to both parties. This can drastically reduce the legal process, and also prevent your family from having to face the jury or judge. If, however, your family cannot agree on a settlement you will have to go to trial. This could take a long amount of time, however it can also result in a bigger award.

The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling of the neck, head, or shoulders, or on the arms, can cause nerve damage, resulting in Erb's Palsy. In many instances, the injury is preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also wish to spread awareness about the 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.

Arbitration or Mediation

If your child was injured while in the womb because of medical negligence and suffered brachial palsy, anErb's Palsy settlement could help you to pay for their medical treatment. This may include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely seek a settlement before the trial begins.

If you're unable to reach a settlement the case will go to arbitration. This means that a neutral third party will listen to both sides and decide who will win the lawsuit. This hearing is more informal than a court trial but it is important to present witnesses and other physical evidence.

You will also require copies of all legal documents and witnesses to appear at the hearing. Witnesses may be required to attend the hearing in person, or you can submit their statements through video conference. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. In addition, you must have your witnesses' addresses and phone numbers on file in case they are required to appear as a witness in the future.

Complaint in Court

Many children with Erb's Palsy can overcome physical limitations with regular physical therapy. Some children will need surgery to repair the torn nerve fibers. A large number of children do not recover and are forced to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to fair compensation.

Your lawyer will collaborate with specialists in treating this condition to produce an estimated cost of living for life estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and investigate whether the doctor who performed the birth of your child had previous malpractice cases.

If your lawyer has a clear understanding of the injuries suffered by your child then she will make a claim against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal proceedings as it allows both sides to present their case. Settlements can last for up to one year.

Settlement

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

Your lawyer must collect evidence to prove the mistake that led to your child's brachial-plexus injury, which could include medical records, witness statements, Vimeo.Com and expert testimony. Once your attorney has gathered the evidence, they will bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will be given a certain amount of time to respond to the suit, and during this discovery phase both sides will gather additional evidence to support their assertions.

Most lawsuits are settled outside of court rather than going to trial because it's more cost-effective for all parties involved. However, if your attorney is confident they can win at trial, they may decide to take the case all the way to a jury verdict. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice and raise awareness and prevent these types of injuries from happening again in the future. However, if your verdict is not in your favor then you may appeal the decision. While this process could take longer however, it could also increase the amount of compensation you receive.