Hopkinsville Erb's Palsy Lawyer Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family find closure. However, the process of litigation is complex and requires skilled legal representation.

A successful lawsuit could grant your family compensation for your child's medical bills and future treatment. Find out more about the eagle erb's palsy attorney palsy lawsuit process.

The Legal Process

Families file Erb's Psy lawsuits to seek reimbursement for medical expenses and other expenses. The amount of money offered in a settlement is contingent upon the particular case of your child and the extent of their injuries, but can easily soar into the thousands of dollars.

Many of Erb's lawsuits involving palsy are resolved outside of court. The lawyers for both the plaintiff and defendant will collaborate to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process, and also prevent your family from having to face jurors or judges. If your family is not able to reach an agreement on a settlement and you are unable to reach a settlement, you must go to the court. This could take a long time, but it can also potentially result in a higher amount.

The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head, arms, or shoulders during labor and delivery- such as when doctors use forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. In many cases, this injury can be prevented. Families seek to make negligent healthcare providers accountable for the injuries they cause. They also wish to spread the word about this birth injury which could have been prevented. In the past the lawsuits have helped families get an affordable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child was injured during the womb by medical negligence and was later diagnosed with brachial paralysis, an Erb's Palsy settlement could help you pay for their treatment. This may include therapy, treatment as well as assistive devices and procedures.

Many lawsuits settle without court. This lets plaintiffs receive compensation faster and avoids the possibility that a court could reverse a verdict given by jurors. Your lawyer and hospital's lawyers will probably attempt to reach an agreement before the trial starts.

If you're unable to come to a deal the case will be taken to arbitration. This means that a neutral third party will listen to both sides and determine who will win the lawsuit. This type of hearing can be more informal than a trial, however it's important to present witnesses and evidence for the hearing.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. You may either invite your witnesses to attend the hearing or provide their statements via videoconferencing. Subpoenas need to be sent in advance to all witnesses so that they are aware the requirement that they attend the hearing. You must also keep the names of witnesses' telephone numbers and addresses in the file in case you have to contact them as a future witness.

Complaints in Court

Many children suffering from Erb's palsy can overcome their physical limitations with daily physical therapy. Some children will need surgery to repair torn nerve fibers. A large number of children are not able to recover and will have to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor involved in the birth of your child had an history of similar malpractice cases.

Once your lawyer has a solid understanding of your child's injuries after which she will file a lawsuit 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 construct your arguments. It can take up an entire year before you can reach a settlement.

Settlement

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

Your lawyer will have to gather evidence to prove the error that caused your child's brachial plexus injury and may include medical documents, witness statements and expert testimony. After your lawyer has collected the evidence, they'll bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a specific time frame to respond. During this discovery phase each side will collect evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial due to the fact that it is cost-effective for all parties involved. If your attorney is confident that they will win the case in court it could be decided to go to the jury. 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 in the future. If, however, your verdict is not in your favor then you may appeal the decision. While this procedure can take longer however, it could also increase the amount of compensation you receive.