Erb's Palsy Litigation

Taking legal action in the aftermath of your child's plexus brachial injury can bring your family and you closure. However, the process of litigation is complex and requires expert legal representation.

If you win your lawsuit, your family could receive compensation for the medical expenses of your child as well as future treatment. Learn more about the hazel park erb's palsy law firm-Palsy lawsuit process.

The Legal Process

The most common reason families file 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 your child's specific case and the severity of their injuries but it could easily reach the thousands of dollars.

Many cases involving smithville erb's palsy lawyer palsy are settled out of court. The lawyers of both the plaintiff and defendant collaborate to reach a settlement that is acceptable to both parties. This can shorten the legal process considerably and save your family from having a judge or jury decide on their case. If, however, your family members cannot reach an agreement, you'll have to go to trial. This can take a considerable amount of time, however it can also result in a larger award.

The brachial plexus is a group of nerves that regulate movement in the arm. Forcing the head, neck, arms or shoulders during labor and birthlike when doctors make use of forceps or vacuum extractors excessively -- can damage these nerves and cause xenia erb's palsy attorney palsy. This type of injury is usually avoidable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to raise awareness about the birth injury which could have been prevented. In the past these lawsuits helped families secure an equitable financial settlement and help their child get back on track.

Arbitration or Mediation

If your child suffered a brachial plexus injury during the womb as a result of medical negligence, an Erb's settlement could help you to pay for the care. This could include treatment, therapy, assistive devices, and procedures.

Many lawsuits settle out of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will probably seek to negotiate a settlement before the trial begins.

If you are unable settle your dispute, your case will proceed to arbitration. This means that an impartial third party will be able to hear both sides and decide who will win the case. This hearing is more informal than a court trial, however, it is crucial to present witnesses and other physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You may either invite your witnesses to attend the hearing or present their statements through video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure they are aware the requirement that they attend the hearing. Also, keep your witnesses' numbers and addresses on file in case you have to contact them for an upcoming witness.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some children will require surgery to repair damaged nerve fibers. Many children will never recover and have to live suffering from the effects of this birth injury. Parents who believe their child's Erb's paralysis was the result of negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors who are experts in treating this condition to produce the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also help to obtain copies of your child’s medical records, and investigate whether or not the doctor who delivered your child had a previous medical malpractice case.

When your lawyer is aware of the child's injuries then she will start a lawsuit against defendants. Both sides will go though 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 proceedings as it allows both sides to build their arguments. It can take as long as a year to reach a settlement.

Settlement

If your Erb's palsy lawsuit is a success the lawyer may be able to get compensation to pay for medical expenses, future treatment costs and adaptive devices, as well as physical therapy. You may be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will need to gather evidence to prove negligence that caused the brachial plexus injury to your child that could include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, they will make a claim against the defendants. They are typically the medical professionals who provided your child with. The defendants will then be given a specified amount of time to reply. In the discovery phase, each side will gather evidence to back up their claims.

Most lawsuits are settled out of court, rather than going to trial as it is more cost-effective for everyone involved. If your attorney is confident that they will prevail in the case at trial, they might decide to pursue it to an appeal to a jury verdict. A successful verdict will give families a sense of justice and raise awareness about how to prevent future birth injuries. If your verdict is not in your favor, you can appeal the decision. While this procedure can take more time but it also can increase the amount of compensation you receive.