Erb's Palsy Litigation

In the aftermath of your child's brachial plexus injury can bring you and your family closure. However, the process of litigation is complicated and requires experienced legal representation.

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

The Legal Process

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

Many of Erb's palsy lawsuits have been settled out of court. The lawyers of both the plaintiff and defendant come together to negotiate a settlement that is acceptable to both parties. This could speed up the legal process dramatically and prevent your family from having a judge or jury decide the case. If your family is unable to reach a settlement the family will have to go to court. This could take a long amount of time, but can also result in a bigger amount.

The brachial plexus is a set of nerves that regulate movement in the arm. During labor and birth excessive forceful pulling on the neck, head, shoulders, or on arms, could damage these nerves, causing Erb's palsy. This condition is usually preventable. Families are suing 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 get an appropriate financial settlement to get their child's life back on the right track.

Arbitration or Mediation

If your child was injured while in the womb as a result of medical negligence and was later diagnosed with brachial palsy, anErb's Palsy settlement could help you cover the cost of their treatment. This may include therapy, treatment, assistive devices, and operations.

Many lawsuits settle outside of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a court could invalidate a verdict handed down by jurors. Your lawyer and hospital's lawyers are likely to seek a settlement before the trial starts.

If you cannot reach an agreement, your case will be taken to arbitration. A neutral third party will listen to both sides and Erb's Palsy Lawsuit decide who will win the case. This type of hearing is more informal than a court case, but it is essential to have witnesses present and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses attend the hearing in person, or you can present their testimony through video conferencing. Subpoenas must be sent in advance to all witnesses so that they are aware of the requirement to attend the hearing. Keep your witnesses' phone numbers and addresses in the file in case you need to contact them as an upcoming witness.

Complaint in the Court

Many children suffering from erb's palsy law firms Palsy are able to overcome physical limitations by intense daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. However, a significant proportion of children don't recover in any significant way and will be forced to live with the effects of this birth injury for the rest of their life. Parents who believe that their child's erb's palsy law firms paralysis was the result of negligence in the delivery process are entitled to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with specialists in treating this condition to create an annual cost of living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child’s medical records and determine whether or not the doctor who gave you your child's diagnosis had a prior record of malpractice cases.

When your lawyer has a clear knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal proceeding because it allows both sides to build their arguments. Settlements can last up to one year.

Settlement

If your Erb's palsy lawsuit is a success your lawyer might be able to obtain compensation to cover medical expenses as well as future treatment costs. adaptive devices in addition to physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records, witness statements as well expert testimony. Once your lawyer has collected the evidence, they will make a claim against the defendants. They are typically the medical professionals that delivered your child. The defendants will then be given a specified amount of time to respond. In this phase of discovery, each side will gather evidence to support its claims.

Most lawsuits settle out of court, rather than go to trial because it's cheaper for all parties involved. If your attorney is confident that they will prevail in the case at trial and decides to go to the jury for a verdict. A successful verdict will provide families with a sense of justice and increase awareness of how to prevent future birth injuries. However, if the verdict is not in your favor it is possible to appeal the decision. This process may take longer, but can increase the amount you get.