Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family members find closure. The process of suing can be complicated and requires a skilled lawyer.

A successful lawsuit may award your family compensation for child's medical expenses and future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

The most common reason for families to pursue an erb's palsy litigation-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on the particular situation of your child as well as the extent of their injuries, however, it can easily rise to the thousands of dollars.

Many of erb's palsy lawsuit palsy lawsuits have been settled outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can speed up the legal process by a significant amount and keep your family from having a jury or judge decide their case. If, however, your family members are unable to agree on a settlement you will have to go to trial. This can take a long time, but it can also potentially result in a higher amount.

The brachial area is a group of nerves that regulate movement within the arm. A forceful pull on the neck, head arms or shoulders during labor and deliveryfor example, when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves, causing erb's palsy case palsy. This condition is usually avoidable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness of this birth injury that could have been avoided. In the past these lawsuits helped families get an appropriate financial settlement to help their child get back on track.

Arbitration or Mediation

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

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a judge might overturn a decision made by a jury. Your lawyer and the hospital's attorneys will likely attempt to reach an agreement before the trial gets underway.

If you are not able to reach an agreement, the case will be sent to arbitration. A neutral third party will consider both sides and decide who will win the case. This kind of hearing could be more informal than a trial, but it's crucial to present physical evidence and witnesses for the proceedings.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can choose to witness your witnesses attend the hearing or submit their statements via videoconferencing. You must ensure that all of your witnesses are aware they must attend the hearing by submitting subpoenas ahead of time. Also, keep your witnesses' numbers and addresses on file, in case you need to contact them for witnesses in the future.

A complaint to the court

Many children suffering from Erb's palsy can overcome physical limitations with regular physical therapy. Some children may require surgery to repair damaged nerve fibers. A large percentage of children are not able to recover and will have to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to fair compensation.

To establish the value of your case your lawyer will collaborate with doctors who specialize in treating these conditions to develop a lifetime cost-of-living estimate. This helps determine how much you're entitled to from your settlement for erb's palsy attorney Palsy. Your lawyer can also assist you get copies of your child's medical records and determine whether or not the doctor who gave you your child's care had a medical malpractice case.

When your lawyer is aware of the harms your child has suffered she will make a claim against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal proceedings because it gives both sides the chance to construct their arguments. Settlements can last for up to one year.

Settlement

If your lawsuit against erb's palsy attorneys Palsy is a success, your lawyer might be able obtain compensation to pay for medical expenses for future treatment, future costs for treatment and Erb's Palsy Litigation adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to collect evidence to prove the mistake that led to your child's brachial plexus injury and may include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they'll bring the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a certain amount of time to reply. In this discovery phase the parties will gather evidence to back up their claims.

Most lawsuits are settled out of court instead of going to trial because it's more cost-effective for the parties involved. If your attorney is confident that they'll win the case in court and decides to pursue it to an appeal to a jury verdict. A successful verdict in a birth injury lawsuit can provide families with a sense justice and help raise awareness in order to prevent these types of injuries from happening in the future. However, if the verdict is not favorable to you it is possible to appeal the decision. This could take a bit longer, but it can increase the amount you receive.