Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial injury can help bring your family and you closure. However, the process of litigation is complicated and requires experienced legal representation.

If you prevail in your lawsuit, your family may receive compensation for the medical expenses of your child as well as future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to seek compensation 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 but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This could cut down the legal process significantly and prevent your family from having a jury or judge decide on their case. If your family is unable come to a deal and you are unable to reach a settlement, you must go to court. This can take a long time, but it can also potentially result in a higher award.

The brachial plexus is a set of nerves that control movement within the arm. The forceful pulling of the neck, head, arms, or shoulders during labor and deliveryfor example, when doctors use forceps or vacuum extractors excessively -- can harm these nerves and lead to erb's palsy attorneys palsy. This condition is usually preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise awareness about this birth injury which could have been prevented. In the past these lawsuits helped families secure an equitable financial settlement and get their child's life back on track.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence and has suffered brachial sprains, an erb's palsy attorney Settlement for palsy could help you pay for their treatment. This could include therapy, surgery, assistive devices and treatment.

Many lawsuits settle outside of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will most likely try to reach an agreement before the trial gets underway.

If you are unable agree to a settlement, your case will proceed to arbitration. This means that a neutral third party will hear both sides and determine who will win the lawsuit. The hearing may be more informal than a trial, however it is crucial to present physical evidence and witnesses for the hearing.

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 provide their statements through video conferencing. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. In addition, you must have their addresses and telephone numbers on file in case they are required to appear as a witness in the future.

Complaint to the Court

Many children who suffer from Erb's palsy can overcome their physical limitations with intense physical therapy every day. Some may require surgery to repair sprained or damaged nerve fibers. Many 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 medical negligence during the delivery procedure have the right to seek fair compensation for their child's injuries.

To establish the value of your case, your lawyer will work with doctors who specialize in treating these conditions to create a cost-of-living estimate. This helps determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who performed your child's birth had a history of similar malpractice cases.

If your lawyer has a clear understanding of the harms your child has suffered and the child's injuries, 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 an essential aspect of your legal case as it allows you to develop your case. It can take as long as one year to arrive at a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to obtain compensation to cover medical expenses and future costs for treatment 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 to collect evidence to prove the malpractice that caused the brachial plexus injury to your child that could include medical records, witness statements and expert testimony. After your lawyer has collected this evidence, they'll make a claim against the defendants, who are typically the medical experts who delivered your child. The defendants will be given a certain amount of time to reply to the lawsuit, and during this process of discovery both sides will collect more evidence to support their assertions.

Most lawsuits are settled out of court instead of going to trial because it's more cost-effective for all parties involved. However, if your attorney is confident that they will prevail in court, they could choose to take the case all the way to a jury verdict. A successful verdict can give families a sense justice and help spread awareness about how to prevent future birth injuries. However, if your verdict is not in your favor it is possible to appeal the decision. This could take a bit longer, but it could increase the amount you get.