erb's palsy lawyers Palsy Litigation

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

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

The Legal Process

The most common reason families pursue an Erb's-related lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on your child's specific case and the severity of their injuries but it can easily go into the millions of dollars.

Many of the Erb's Palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This can significantly shorten the legal process and prevent your family from having to appear before an attorney or a jury. If your family members cannot reach a settlement you will have to go to trial. This can take a considerable amount of time, however it can also result in a larger award.

The brachial nerves control the movement of the arm. A forceful pull on the neck, head arms or shoulders during labor and delivery- such as when doctors utilize forceps, Erb's palsy law firms vacuum extractors, or other tools in excess -- can damage the nerves and cause erb's palsy law firm palsy. This injury is often avoidable. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about this birth injury that could have been avoided. In the past these lawsuits have helped families obtain an affordable settlement in order to ensure their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus in the womb due to medical negligence, an Erb's Palsy settlement can help pay for his or her care. This could include treatment, therapy aids, assistive devices, as well as operations.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will probably seek to negotiate a settlement before the trial starts.

If you are unable to settle your dispute, your case will proceed to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This type of hearing can be more informal than a trial, but it is crucial to present physical evidence and witnesses for the hearing.

Also, you must have copies of all your legal documents and Erb's Palsy Law Firms witnesses to present them at the hearing. You can either invite your witnesses to attend the hearing or submit their statements using video conferencing. Subpoenas should be sent in advance to all witnesses so they are aware the requirement that they attend the hearing. You should also keep your witnesses' phone numbers and addresses in the file in case you have to contact them as witnesses in the future.

Complaint in the Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intense daily physical therapy. Some children will need surgery to repair damaged nerve fibers. However, a significant proportion of children do not recover in any significant way and will be forced to live with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's paralysis was the result of medical negligence during the birth process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

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 allow you to determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer will also help you get copies of the medical records for your child and investigate whether the doctor involved in the birth of your child had a history of similar malpractice cases.

When your lawyer is aware of the injuries of your child, she will bring a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal case because it helps you build your arguments. It can take up to one year to reach a settlement.

Settlement

If your Erb's palsy suit is successful, your lawyer may be able 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 as well as loss of quality of life.

Your lawyer must gather evidence to prove the mistake that led to your child's brachial plexus injury, which could include medical documents, witness statements and expert testimony. After your lawyer has collected this evidence, they will bring the lawsuit against the defendants, who are typically the medical professionals who delivered your child. The defendants are given a specified amount of time in which to respond to the lawsuit. during the discovery phase both sides will collect additional evidence to back their claims.

Most lawsuits are settled out of court rather than going to trial because it is cheaper for everyone involved. If however, your attorney is confident they can win in court, they might choose to take the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit can bring families a sense of justice and can help increase awareness in order to prevent these types of injuries from happening in the future. If the verdict you receive is not favorable, you can appeal. This could take a bit longer, but can raise the amount you receive.