Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family find closure. However, the process of litigation is complex and requires expert legal representation.

A successful lawsuit may award your family compensation for child's medical expenses and future treatment. Find out more about the erb's palsy lawyers palsy lawsuit procedure.

The Legal Process

Families file lawsuits against Erb's palsy to obtain reimbursement for medical expenses and other expenses. The amount of money awarded is contingent on the severity of your child's injuries and Erb's Palsy lawsuits the particular situation. It could easily amount to millions of dollars.

Many Erb's Palsy lawsuits are settled without court. The lawyers for both the plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties. This can shorten the legal process dramatically and save your family from having a jury or judge decide on their case. However, if the family members are unable to agree on an agreement, you'll have to go to trial. This can also take a long time but it could also result in a bigger award.

The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling on the head, neck or shoulders, or on the arms can cause damage to these nerves, leading to Erb's Palsy. This condition is usually prevented. Families seek to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families obtain a fair financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child suffered an injury to the brachial area during the womb as a result of medical negligence, Erb's Palsy lawsuits an Erb's palsy settlement can help you pay for his or her treatment. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a judge might overturn a decision made by jurors. Your lawyer and hospital's attorneys are likely to try to reach an agreement prior to the trial begins.

If you are not able to reach an agreement, the case will be referred to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This type of hearing can be more informal than a trial, but it is important to provide witnesses and evidence to the proceedings.

You will also require copies of all legal documents and witnesses to present at the hearing. You can invite your witnesses to the hearing or submit their statements through video conferencing. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must keep your witnesses' addresses and telephone numbers on file in case they're called to testify in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some may require surgery to repair torn or separated nerve fibers. However, a large percentage of children don't recover to a significant degree and will be left 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 a result of medical malpractice during the delivery process are entitled to fair compensation.

Your lawyer will collaborate with specialists in treating this condition to develop an annual cost of living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of your child’s medical records, and investigate whether the doctor who delivered your child had a previous experience of malpractice.

Once your lawyer understands the injuries of your child she will make a claim against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal defense because it allows you to build your arguments. Settlements can last for up to one year.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer might be able to obtain compensation for medical expenses and future treatment costs which include adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of living.

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial area in your child. This may include medical records and witness statements, as well as expert testimony. After your lawyer has gathered the evidence, he or she will start a lawsuit against defendants. They are typically the medical professionals that have delivered your child. The defendants will then be given a specified time frame to respond. During this discovery phase each side will gather evidence to prove its case.

Most lawsuits settle out of court, instead of going to trial because it's more cost-effective for the parties involved. However, if your attorney is confident that they will prevail in court, they could decide to take the case to the verdict of a jury. A successful verdict could provide families with a sense of justice and increase awareness of how to avoid any future birth injuries. If the verdict you receive is not favorable you can appeal. Although this process may take longer however, it could also increase the amount of the amount you are awarded.