Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can bring your family and you closure. The process of litigation is complicated and requires a skilled lawyer.

If you win your lawsuit, your family can receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb's palsy law firms, gbi.amalinsani.org,-Palsy lawsuit process.

The Legal Process

The most frequent reason families start an Erb's Palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement depends on your child's specific case and the severity of their injuries, but it could easily reach the millions of dollars.

Many Erb's Palsy lawsuits have been settled without court. Lawyers for the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can significantly speed up the legal process and avoid your family from having to appear before the jury or judge. If your family members cannot reach a settlement you will have to go to trial. It can take a long time, but it could also result in a larger award.

The brachial plexus is a set of nerves that regulate movement within the arm. Forcing the head, neck, arms or shoulders during labor and birth- such as when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves, causing erb's palsy law firm palsy. This condition is usually avoidable. Families are suing 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 prevented. In the past, these lawsuits helped families secure an appropriate financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured in the womb because of medical negligence and was later diagnosed with brachial sprains, an Erb's settlement for palsy can help to pay for their medical treatment. This could include treatment, therapy devices, assistive devices, and procedures.

Many lawsuits settle outside of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and hospital's attorneys are likely to attempt to negotiate an agreement prior to the trial begins.

If you fail to reach an agreement, your case will go to arbitration. This means that a neutral third party will hear both sides and determine who wins the lawsuit. This type of hearing is more informal than a court trial but it is important to present witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to present at the hearing in person or they can give their testimony through video conferencing. Subpoenas need to be sent in advance to all witnesses so that they are aware of the requirement to attend the hearing. Additionally, you should have their addresses and contact numbers on file in the event that they are needed to testify in the future.

Complaints in Court

Many children with Erb's Palsy can overcome physical limitations through regular physical therapy. Some children require surgery to repair damaged nerve fibers. However, a large percentage of children are not able to recover to any measurable degree and must live with the handicaps of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to fair compensation.

To establish the value of your case Your lawyer will work with doctors who are experts in treating these ailments to develop a life-long cost-of-living estimate. This determines the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer will also help you obtain copies of your child's medical records and determine if the doctor involved in your child's birth had a history of similar malpractice cases.

If your lawyer has a thorough understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal case because it helps you build your arguments. It can take as long as an entire year before you can settle a case.

Settlement

If your Erb's palsy lawsuit is a success your lawyer could be able obtain compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices along with physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need to collect evidence to prove the error that caused the brachial plexus injury to your child, which could include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, they'll make a claim against the defendants, who are usually the medical experts who delivered your child. The defendants will then be given a specified amount of time to reply. In the discovery phase the parties will gather evidence to back up their claims.

Most lawsuits are settled out of court rather than going to trial because it is cheaper for everyone involved. However, if your attorney is confident that they will prevail in court, they could choose to take the case to a jury verdict. A successful verdict can bring families a sense that justice has been done and increase awareness of how to prevent future birth injuries. However, if the verdict is not in your favor then you may appeal the decision. While this process could take more time however, it could also increase the amount of the compensation you receive.