Erb's Palsy Litigation

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

A successful lawsuit may award your family members compensation for child's medical bills and any future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon your child's specific case and the extent of their injuries, but it can easily go into the millions of dollars.

Many of erb's palsy lawyers lawsuits involving palsy are settled outside of court. The lawyers representing both the plaintiff and defendant will work together to find an acceptable settlement to both parties. This can speed up the legal process considerably and keep your family from having a jury or judge decide the case. However, if the family members cannot reach the terms of settlement, you'll need to go to trial. This can take a lot of time, but it could also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. Forceful pulling on the head, neck, arms or shoulders during labor and Erb's Palsy Lawsuits delivery -such as when doctors employ forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to spread the word about this birth injury that could have been prevented. In the past these lawsuits have allowed families to obtain an affordable financial settlement and get their child's life back on track.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence, and suffered from brachial paralysis, an Erb's Palsy settlement can help you to pay for their medical treatment. This could include treatment, therapy as well as assistive devices and surgeries.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will probably try to reach an agreement prior to the trial beginning.

If you are unable to settle your dispute the case will go to arbitration. This means that a neutral third party will take in both sides and decide who wins the lawsuit. This type of hearing is more informal than a court case, but it is essential to present witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. You can choose to witness your witnesses attend the hearing or give statements using video conferencing. Subpoenas need to be sent in advance to all witnesses in order that they are aware the requirement to attend the hearing. You must also keep your witnesses' numbers and addresses on file, in case you have to contact them for a future witness.

A complaint to the court

Many children with Erb's -Pallsy can overcome physical limitations through intense daily physical therapy. Some will require surgery to repair sprained or separated nerve fibers. However, a significant proportion of children do not recover to any measurable degree and will be forced to live with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with doctors who specialize in treating this condition to produce a lifetime cost of living estimate. This determines the amount you're entitled to from your settlement for erb's palsy law firm Palsy. Your lawyer will also help you get copies of your child's medical records and determine if the doctor who performed the birth of your child had a history of similar malpractice cases.

If your lawyer has a solid knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal case as it allows you to build your case. It could take up to an entire year to settle a case.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer may be able to obtain compensation to cover medical costs and future treatment costs including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records as well as testimony from witnesses as well as expert testimony. After your lawyer has collected this evidence, they will make a claim against the defendants, who are typically the medical experts who delivered your child. The defendants are then given a set amount of time to respond. In this phase of discovery the parties will gather evidence to back up their claims.

Most lawsuits are settled outside of court rather than going to trial due to the fact that it is cheaper for everyone involved. If your lawyer is confident that they will prevail in court, they could decide to take the case to the verdict of a jury. A successful verdict in a birth injury lawsuit could provide families with a sense justice and can help increase awareness in order to prevent these types of injuries from happening in the future. If the verdict isn't favorable you may appeal. While this process can take longer but it also increases the amount of the amount you are awarded.