Erb's Palsy Litigation

Legal action in the aftermath of your child's plexus brachial injury can bring you and your family closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

If you are successful in your lawsuit, your family will receive compensation for the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's Palsy lawsuit procedure.

The Legal Process

The most frequent reason families start an Erb's Palsy lawsuit is to seek compensation for medical expenses and Erb's palsy law Firms other losses. The amount of money offered in a settlement will depend on the specific situation of your child and the extent of their injuries, but it can easily go into the thousands of dollars.

Many of Erb's lawsuits involving palsy are settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from facing the jury or judge. If your family is unable agree on a settlement then you'll need to go to court. This could take a long time, but it could also result in a larger award.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head arms, or shoulders during labor and delivery -such as when doctors employ forceps or vacuum extractors in excess -- can damage these nerves and lead to erb's palsy Law firms palsy. This type of injury is usually avoidable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families obtain a fair financial settlement and help their child get back on course.

Arbitration or Mediation

If your child was injured during the womb because of medical negligence and was later diagnosed with brachial palsy, an Erb's Palsy settlement could help you pay for their treatment. This may include treatment, therapy as well as assistive devices and procedures.

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 attorneys are likely to attempt to reach an agreement prior to the trial begins.

If you are unable to reach a settlement, your case will proceed to arbitration. This means that an impartial third party will listen to both sides and decide who will win the case. The hearing may be more informal than a trial, however it is important to provide witnesses and evidence to the proceedings.

You will also require copies of all legal documents and witnesses to appear at the hearing. Witnesses are able to attend the hearing in person, or you can submit their statements through video conference. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. You must also keep your witnesses' phone numbers and addresses on file, in case you have to contact them as witnesses in the future.

Complaints in the Court

Many children who suffer from erb's palsy lawyers syndrome can overcome physical limitations through intense physical therapy every day. Some children require surgery to repair torn nerve fibers. However, a significant proportion of children will not recover to any measurable degree and will be forced to live with the limitations of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to fair compensation.

Your lawyer will collaborate with specialists in treating this condition to create the lifetime cost of living estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child's medical records and determine whether the doctor who gave you your child's diagnosis had a prior history of malpractice cases.

If your lawyer has a clear understanding of the injuries suffered by your child she will bring a lawsuit against the defendants. Both sides will be involved in the discovery phase which includes exchanging evidence including expert opinions, depositions and medical records, and more. This is a vital part of the legal process because it allows both sides to develop their arguments. Settlements can last for up to one year.

Settlement

If your Erb's palsy suit is successful, your lawyer may be able get compensation for medical expenses and future costs for treatment, including adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of living.

Your lawyer will need to collect evidence to prove the mistake that led to your child's brachial plexus injury, which could include medical documents, witness statements, and expert testimony. Once your lawyer has collected the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals that have delivered your child. The defendants are then given a set time frame to respond. During this discovery phase the parties will gather evidence to back up their claims.

Most lawsuits are settled outside of court rather than going to trial as it is cheaper for all parties involved. If your lawyer is confident that they will prevail in the case in court it could be decided to go to an appeal to a jury verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and can help increase awareness to prevent these types of injuries from occurring in the future. If your verdict is not favorable to you then you may appeal the decision. While this procedure can take longer but it also can increase the amount of the compensation you receive.