erb's palsy lawyer Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family to find closure. However, the litigation process is a bit complicated and requires skilled legal representation.

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

The Legal Process

Families file erb's Palsy Lawsuits (library.kemu.ac.Ke) to get reimbursement for medical expenses and other losses. The amount of money that is awarded in a settlement will depend on the particular case of your child and the extent of their injuries, but can easily soar into the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can drastically cut down on the legal process and save your family from having to face the jury or judge. If, however, your family cannot agree on an agreement, you'll have to go to trial. This can take a considerable amount of time, but it could also result in a larger award.

The brachial nerves control the movement of the arm. Forceful pulling on the neck, head arms, or shoulders during labor and birthsuch as when doctors use forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families seek to make negligent healthcare providers accountable for the harm they cause. They also wish to raise awareness about this birth injury that could have been avoided. In the past these lawsuits helped families secure a fair financial settlement to support their child's future.

Arbitration or Mediation

If your child sustained a brachial plexus injury during the womb as a result of medical negligence, an Erb's settlement can help you to pay for the care. This may include treatment, therapy, assistive devices, and procedures.

Many lawsuits are settled out of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's attorneys will likely attempt to reach an agreement before the trial gets underway.

If you're not able to come to a deal your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This hearing is more informal than a court trial but it is important to provide witnesses and physical evidence.

You will also require copies of all legal documents and witnesses to be present at the hearing. You can invite your witnesses to attend the hearing or provide their statements using video conferencing. Subpoenas should be sent in advance to all witnesses in order that they are aware the requirement to attend the hearing. In addition, you must have the addresses of your witnesses and telephone numbers on file in case they're called as a witness in the future.

Complaints in the Court

Many children with Erb's -Pallsy can overcome physical limitations through regular physical therapy. Some will require surgery to repair torn or damaged nerve fibers. A large percentage of children do not recover and are forced to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb's paralysis was the result of negligence in the delivery process have the right seek fair compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who are experts in treating this condition to produce a lifetime cost of living estimate. This determines the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you get copies of your child’s medical records, and also determine whether or not the doctor who performed surgery on your child's care had a record of malpractice cases.

If 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, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal action because it gives both sides the chance to develop their arguments. It can take up to an entire year before you can settle a case.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer may be able to get compensation that covers medical expenses and future treatment costs such as adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will have to collect evidence to prove the negligence that caused the brachial plexus injuries to your child that could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will bring a lawsuit against the defendants. These are usually the medical professionals who provided your child with. The defendants will be given a specified amount of time to reply to the suit, and during the discovery phase both sides will gather more evidence to support their assertions.

Most lawsuits are settled outside of court, rather than going to trial since it's more cost-effective for everyone involved. If your lawyer is confident they can win in court, they could decide to pursue the case to an appeals court verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice, and also help to raise awareness in order to prevent these types of injuries from happening in the future. If your verdict is not favorable, you can appeal. While this process could take more time but it also increases the amount of compensation you receive.