Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family find closure. The process of litigation is complex and requires an experienced lawyer.

If you are successful in your lawsuit, your family will be awarded compensation for the medical bills of your child as well as future treatment. Find out more about the englewood erb's palsy law firm palsy lawsuit process.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific situation. It could easily be millions of dollars.

Many sellersburg erb's palsy attorney palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can drastically cut down on the legal process and save your family from having to go before a judge or jury. If, however, your family is unable to reach a settlement you will have to go to trial. This could take a long amount of time, but can also result in a larger award.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head arms, or shoulders during labor and delivery- such as when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. This type of injury is usually avoidable. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about this birth injury that could have been prevented. In the past these lawsuits helped families get an affordable financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured in the womb due to medical negligence and was later diagnosed with brachial paralysis, an Erb's Settlement for palsy could help you to pay for their medical treatment. This could include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a judge might overturn a decision made by the jury. Your lawyer and the hospital's lawyers will likely seek an agreement prior to the trial starts.

If you are unable agree to a settlement, your case will proceed to arbitration. This means that an impartial third party will hear both sides and decide who wins the lawsuit. This type of hearing can be more informal than a trial, but it's crucial to present physical evidence and witnesses for the proceedings.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can witness your witnesses attend the hearing or provide their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses in order that they are aware of the requirement that they attend the hearing. Also, keep your witnesses' phone numbers and addresses on file in case you need to contact them for a future witness.

Complaint in the Court

Many children who suffer 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. Many children will never recover and have to live their lives with the effects of this birth injury. Parents who believe that their child's Erb's palsy was due to negligence by a medical professional during the birth process have the right to seek an appropriate amount of compensation for their child's injuries.

To determine the worth of your case, your lawyer will work with specialists in treating these ailments to come up with a lifetime cost-of living estimate. This helps determine how much you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also assist you obtain copies of your child’s medical records, and look into whether or not the doctor who performed surgery on your child's treatment had a previous record of malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will undergo the discovery phase, which includes exchanging evidence like expert opinions, depositions, additional medical documents and more. This is a vital part of your legal proceeding as it allows both sides to build their arguments. Settlements can take as long as one year.

Settlement

If your lawsuit against Erb's Palsy is successful the lawyer may be able to obtain compensation to pay for medical costs including future treatment costs, adaptive devices in addition to physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need to collect evidence to prove the malpractice that caused the brachial plexus injuries to your child that could include medical records, witness statements and expert testimony. Once your attorney has gathered the evidence, they'll file the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a specific amount of time to reply. In the discovery phase the parties will gather evidence to back up their claims.

Most lawsuits settle out of court, instead of going to trial, because it's more cost-effective for all parties involved. If your lawyer is confident that they will win the case at trial they may decide to take it to the jury for a verdict. A successful verdict in a birth injury lawsuit can give families a sense of justice and can help increase awareness and prevent these types of injuries from occurring in the future. If the verdict isn't favorable, you can appeal. This process may take longer, but it can increase the amount you are awarded.