erb's palsy lawyer Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family members find closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

If you are successful in your lawsuit, your family could receive compensation for medical bills of your child and future treatment. Find out more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the particular case. It could easily amount to millions of dollars.

Many erb's palsy attorneys palsy lawsuits are settled out of court. Lawyers for the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically reduce the legal process and avoid your family from having to go before jurors or judges. If, however, your family members are unable to agree on an agreement, you'll have to go to trial. This can take a considerable amount of time, however it can also result in a bigger settlement.

The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling of the head, neck or shoulders, or on the arms could damage these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to spread the word about this birth injury that could have been prevented. In the past, these lawsuits have helped families obtain an affordable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child was injured by an injury to the brachial area during pregnancy due to medical negligence, an Erb's palsy settlement could help you pay for his or her treatment. This can include surgery, therapy as well as assistive devices and treatments.

Many lawsuits settle outside of court. This lets plaintiffs receive compensation faster and avoids the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and hospital's attorneys are likely to seek an agreement prior to the trial starts.

If you're not able to settle your dispute, your case will proceed to arbitration. A neutral third party will hear both sides and decide who wins the case. The hearing may be more informal than a trial, but it's important to present physical evidence and witnesses for the proceedings.

You will also need copies of all legal documents and witnesses to appear at the hearing. You can have witnesses attend the hearing in person, or you can provide their statements via video conferencing. You must ensure that all your witnesses are aware they will be required to appear at the hearing by submitting subpoenas before the hearing. Keep the names of witnesses' telephone numbers and addresses on file, in case you need to call them as witnesses in the future.

Complaint in the Court

Many children suffering from Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some children may require surgery to repair damaged nerve fibers. A large number of children are not able to recover and will have to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

Your lawyer will work with doctors who specialize in treating this condition. They will create an annual cost of living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.

When your lawyer is aware of the injuries suffered by your child, she will make a claim against the defendants. Both parties will go through the discovery phase which includes exchanging evidence like expert opinions, depositions, medical records, and more. This is an important part of your legal case as it helps you build your case. Settlements can take as long as one year.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer might be able to obtain compensation to cover medical costs and future treatment costs including adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of living.

Your lawyer will require evidence to prove that malpractice caused the injury to the brachial area in your child. This could include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has collected the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals that gave your child. The defendants will be given a specified amount of time in which to respond to the suit, and during the discovery phase, both sides will gather additional evidence to support their claims.

Most lawsuits settle out of court, instead of going to trial, because it's more cost-effective for the parties involved. If your attorney is convinced that they will win the case in court it could be decided to pursue it to the jury. A successful verdict in a birth injury lawsuit could give families a sense of justice, and also help to raise awareness in order to prevent these types of injuries from occurring in the future. If your verdict is not favorable to you You can appeal the decision. This procedure could take longer, but it can increase the amount you receive.