Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial-plexus injury can bring you and your family closure. The litigation process can be complicated and requires an experienced lawyer.

A successful lawsuit could award your family compensation for your child's medical bills and future treatment. Find out more about the lancaster erb's palsy law firm palsy lawsuit process.

The Legal Process

The most popular reason families bring an Erb's palsy suit is to seek compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular case. It can easily reach millions of dollars.

Many cases involving Erb's palsy are settled out of court. The lawyers representing both the plaintiff and defendant will collaborate to negotiate an acceptable settlement to both parties. This can drastically reduce the legal process and avoid your family from facing a judge or jury. If, however, your family cannot agree on a settlement you will have to go to trial. This can take a considerable amount of time, but can also result in a larger amount.

The brachial nerves regulate the movement of the arm. Forcing the head, neck, arms, or Vimeo.com shoulders during labor and delivery -like when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. In many cases, this injury can be prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also seek to raise the word about this birth injury that could have been prevented. In the past, these lawsuits helped families get an affordable settlement in order to ensure their child's future.

Arbitration or Mediation

If your child was injured while in the womb because of medical negligence and suffered brachial paralysis, an Erb's Settlement for palsy could help you to pay for their medical treatment. This may include therapy, treatment devices, assistive devices, and surgeries.

Many lawsuits settle out of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court might overturn a decision made by jurors. Your lawyer and the hospital's lawyers will probably seek to negotiate a settlement before the trial starts.

If you are unable reach a settlement the case will go to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. The hearing may be more informal than a trial, however it's important to present witnesses and evidence for the proceedings.

You will also require copies of all legal documents and witnesses to present at the hearing. You may either witness your witnesses attend the hearing or present their statements using video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware the requirement that they attend the hearing. Additionally, you should have the addresses of your witnesses and contact numbers on file in case they're called to testify in the future.

Complaints in the Court

Many children who suffer from Erb's syndrome can overcome physical limitations through intensive daily physical therapy. Some will require surgery to repair damaged or separated nerve fibers. However, a significant proportion of children will not recover to any measurable degree and will be left with the handicaps of this birth injury for life. Parents who believe that their child's pleasant hills erb's palsy law firm palsy was the result of medical negligence during the birth process have the right to claim fair compensation for the injuries suffered by their child.

To determine the value of your case the lawyer will work with specialists in treating these conditions to create a cost-of-living estimate. This helps determine how much you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer will also help 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.

When your lawyer has a good knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will go through the discovery process which involves exchanging evidence including expert opinions, depositions medical documents, and so on. This is an essential part of your legal action because it allows both sides to develop their arguments. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation to cover medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need to gather evidence to prove negligence that caused the brachial plexus injuries to your child which could include medical documents, witness statements, and expert testimony. Once your attorney has gathered the evidence, they'll file the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants will then be given a specified amount of time to respond. During this discovery phase each side will gather evidence to prove its case.

Most lawsuits are settled out of court instead of going to trial, as it's cheaper for all parties involved. If your lawyer is confident they can win at trial, they may decide to pursue the case all the way to the verdict of a jury. A successful verdict in a birth injury lawsuit can give families a sense of justice and help raise awareness in order to 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 can increase the amount you get.