Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family find closure. However, the litigation process is a bit complicated and requires skilled legal representation.

A successful lawsuit could award your family compensation for your child's medical bills and future treatment. Find out more about Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason for families to start an Erb's Palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the specific situation of your child and the extent of their injuries, but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This could speed up the legal process considerably and save your family from having a jury or judge decide the case. If your family members are unable to agree on a settlement the family will have to go to court. This can take a significant amount of time, but it could 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, shoulders or on the arms can cause nerve damage, resulting in salem Erb's palsy lawyer palsy. In many instances, the injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to spread awareness about the birth injury that could have been prevented. In the past these lawsuits helped families get an appropriate financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured by an injury to the brachial area during pregnancy due to medical negligence, an Erb's Palsy settlement could help you pay for his or her care. This could include therapy, treatment as well as assistive devices and operations.

Many lawsuits settle out of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a court could invalidate a verdict handed down by a jury. Your lawyer and hospital's attorneys will likely seek a settlement prior to when the trial begins.

If you fail to reach an agreement, the case will go to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This type of hearing is more informal than a court trial but it is essential to present witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to attend the hearing in person, or you can submit their statements through video conferencing. You must ensure that all of your witnesses are aware that they will be required to attend the hearing by submitting subpoenas before the hearing. Additionally, you should have the addresses of your witnesses and phone numbers on file in case they are required to appear as a witness in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations with daily physical therapy. Some will require surgery to repair damaged or separated nerve fibers. However, a substantial proportion of children don't recover in any significant way and will have to live with the handicaps of this birth injury for the rest of their lives. Parents who believe that their child's Erb's paralysis was the result of medical negligence during the delivery process have the right seek fair compensation for their child's injuries.

Your lawyer will work with doctors who specialize in treating this condition to develop an estimated cost of living for life estimate. This will help determine the amount you are entitled to receive from the southern pines erb's palsy attorney palsy settlement. Your lawyer can also help you obtain copies of your child's medical records and determine if the doctor who was involved in the birth of your child had an history of similar malpractice cases.

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

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer might be able to secure compensation to pay for medical costs including future treatment costs, adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that malpractice caused the injury to the brachial nerve in your child. This may include medical records and witness statements as well as expert testimony. After your lawyer has gathered the evidence, he will start a lawsuit against defendants. These are usually the medical professionals who gave your child. The defendants are then given a set time frame to respond. In this phase of discovery the parties will gather evidence to back up their claims.

Most lawsuits are settled out of court rather than going to trial as it's more cost-effective for all parties involved. If your lawyer is confident they can win in court, they could choose to take the case to a verdict by a jury. A successful verdict will bring families a sense that justice has been done and help spread awareness about how to prevent future birth injuries. If your verdict is not favorable to you it is possible to appeal the decision. While this process could take more time but it also can increase the amount of the compensation you receive.