Erb's Palsy Litigation

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

A successful lawsuit could award your family compensation for your child's medical expenses and future treatment. Find out more about the Erb's-Palsy lawsuit process.

The Legal Process

The most popular reason for families to start an Erb's Palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and the defendant will collaborate to reach an agreement that is acceptable to both parties. This can drastically cut down on the legal process and prevent your family from facing the jury or judge. However, online-learning-initiative.org if your family is unable to reach an agreement, you'll have to go to trial. This can also take a long time however, it could result in a higher award.

The brachial complex is a collection of nerves that control movement in the arm. Forceful pulling on the neck, head, arms, or shoulders during labor and delivery -like when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves and cause erb's palsy attorney palsy. In many cases, this injury can be prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to raise the word about this birth injury that could have been prevented. In the past, these lawsuits have helped families get an appropriate financial settlement to get their child's life back on course.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence and has suffered brachial palsy, anErb's settlement for palsy can help cover the cost of their treatment. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits settle out of court. This allows plaintiffs receive compensation faster and prevents the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's lawyers are likely to seek an agreement prior to the trial begins.

If you are not able to reach an agreement, the case will be taken to arbitration. A neutral third party will consider both sides and decide who will win the case. This hearing is more informal than a court trial however it is vital to present witnesses and other physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. Witnesses can attend the hearing in person or they can give their testimony via video conference. Subpoenas need to be sent in advance to all witnesses in order they are aware the requirement that they attend the hearing. In addition, you must have the addresses of your witnesses and phone numbers in case in case they are required to appear as a witness in the future.

Complaints in Court

Many children with Erb's Palsy are able to overcome physical limitations by intense physical therapy every day. Some may require surgery to fix torn or separated nerve fibers. However, a large percentage of children will not recover in any significant way and will have to live with the limitations of this birth injury for life. Parents who believe their child's Erb's paralysis was due to negligence by a medical professional during the birth procedure have the right to seek fair compensation for their child's injuries.

Your lawyer will collaborate with doctors who specialize in treating this condition to create the lifetime cost of living estimate. This determines the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor who performed the birth of your child had an history of similar malpractice cases.

If your lawyer has a good knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery process which involves exchanging evidence including expert opinions, depositions, additional medical documents and more. This is an essential aspect of your legal defense because it allows you to develop your arguments. Settlements can take up to one year.

Settlement

If your erb's palsy law firms palsy lawsuit is a success your lawyer could be able to obtain compensation to pay for medical expenses 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 must gather evidence to prove malpractice that caused your child's brachial-plexus injury that could include medical records, witness statements, and expert testimony. After your lawyer has gathered the evidence, they'll file the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants will be given a set period of time to respond to the lawsuit, and during this discovery phase both sides will gather additional evidence to back their assertions.

Most lawsuits settle out of court rather than go to trial, as it's cost-effective for all parties involved. If your attorney is convinced that they can win the case at trial it could be decided to take it to a jury verdict. A successful verdict in an injury lawsuit for birth can bring families a sense of justice, and also help to raise awareness in order to prevent these types of injuries from happening again in the future. If the verdict you receive is not favorable you can appeal. While this procedure can take longer, it can also increase the amount of compensation you receive.