erb's palsy lawsuit Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family members find closure. The litigation process can be complex and requires an experienced lawyer.

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 common reason for families to pursue an Erb's-related lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the particular case of your child and the severity of their injuries, however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This could cut down the legal process significantly and keep your family from having a jury or judge decide the case. If, however, your family cannot agree on an agreement, you'll have to go to trial. This can take a lot of time, but could also result in a larger amount.

The brachial plexus is a group of nerves which control movement in the arm. When you are pregnant excessive forceful pulling on the neck, head, shoulders, or on the arms could cause damage to these nerves, leading to Erb's palsy. This condition is usually prevented. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also wish to spread awareness about this birth injury that could have been prevented. In the past these lawsuits helped families get an affordable financial settlement and get their child's life back on path.

Arbitration or Mediation

If your child sustained an injury to the brachial plexus during birth due to medical negligence, an Erb's palsy settlement could help you to pay for the care. This can include surgery, therapy as well as assistive devices and treatments.

Many lawsuits settle outside of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a court might overturn a decision made by jurors. Your lawyer and hospital's attorneys will likely attempt to reach an agreement prior to the trial beginning.

If you are not able to reach an agreement, your case will be referred to arbitration. This means that a neutral third party will hear both sides and decide who wins the case. This type of hearing can be more informal than a trial, but it is crucial to present witnesses and evidence for the proceedings.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses present at the hearing in person or you can provide their statements through video conference. Subpoenas must be sent in advance to all witnesses so they are aware the requirement to be present at the hearing. Additionally, you must keep your witnesses' addresses and contact numbers on file in case they are required to appear as witnesses in the future.

Complaints in Court

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

To determine the worth of your case the lawyer will work with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records, and erb's palsy law firms look into whether the doctor who performed surgery on your child's diagnosis had a prior history of malpractice cases.

Once your lawyer has a clear understanding of your child's injuries, she will file your lawsuit against the defendants. Both parties will go through the discovery phase which involves exchanging evidence, including expert opinions, depositions, medical documents, and erb's palsy law firms so on. This is an important part of your legal defense because it allows you to construct your case. Settlements can take as long as one year.

Settlement

If your lawsuit for erb's palsy law firms palsy is successful, your lawyer could be able to get compensation that covers medical expenses and future costs for treatment, including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well expert testimony. After your lawyer has collected this evidence, they'll bring the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are then given a set amount of time to respond. In this phase of discovery each side will collect evidence to prove its case.

Most lawsuits settle out of court, rather than going to trial because it's more cost-effective for all parties involved. If your attorney is confident that they'll win the case in court they may decide to take it to the jury. A successful verdict in a birth injury lawsuit can give families a sense of justice and raise awareness to prevent these types of injuries from happening in the future. If the verdict isn't favorable, you can appeal. While this process can take longer but it also increases the amount of the compensation you receive.