Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can help bring you and your family closure. The process of suing can be complicated and requires an experienced lawyer.

A successful lawsuit could grant your family compensation for your child's medical expenses and future treatment. Find out more about the Erb's syndrome lawsuit procedure.

The Legal Process

The most popular reason families file an erb's Palsy law firms palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular situation. It could easily amount to millions of dollars.

Many of the Erb's Palsy lawsuits have been settled out of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can significantly speed up the legal process, and also prevent your family from having to appear before the jury or judge. If your family is not able to come to a deal then you'll need to go to court. This could take a long time, but it can also potentially result in a larger award.

The brachial plexus is a group of nerves that regulate movement within the arm. During labor and birth, excessive forceful pulling of the head, neck or shoulders, or on arms, could damage these nerves, causing Erb's palsy. This injury is often avoidable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to spread awareness of this birth injury which could have been prevented. In the past, these lawsuits helped families get a fair financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured during the womb as a result of medical negligence and was later diagnosed with brachial palsy, an Erb's Settlement for palsy could help you pay for their treatment. This could include treatment, therapy aids, assistive devices, as well as operations.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely seek to negotiate a settlement before the trial gets underway.

If you fail to reach an agreement, the case will go to arbitration. This means that an impartial third party will listen to both sides and decide who will win the case. This kind of hearing could be more informal than a trial, however it's crucial to present witnesses and evidence for the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You may either invite your witnesses to the hearing or submit their statements via videoconferencing. You must ensure that all of your witnesses are aware that they will be required to attend the hearing by submitting subpoenas ahead of time. In addition, you must keep your witnesses' addresses and contact numbers on file in case they are called to testify in the future.

Complaint in Court

Many children with Erb's -Pallsy are able to overcome physical limitations by intense physical therapy every day. Some children may require surgery to repair torn nerve fibers. Many children will never recover and have to live their lives suffering the effects of this birth injury. Parents who believe that their child's erb's palsy attorney paralysis was the result of medical negligence during the delivery procedure have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors who specialize in treating this condition to produce an annual cost of living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor who performed the birth of your child had prior experience with similar malpractice cases.

When your lawyer is aware of the child's injuries she will bring a lawsuit against the defendants. Both sides will be involved in the discovery phase that involves exchanging evidence including expert opinions, depositions medical records, and more. This is an essential aspect of your legal case because it allows you to build your case. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to obtain compensation to cover medical expenses and future costs for treatment which include adaptive devices and physical therapy. You could be awarded damages for emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove malpractice that caused your child's brachial-plexus injury, which could include medical documents, 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 have delivered your child. The defendants are then given a certain amount of time to respond. In this phase of discovery the parties will gather evidence to prove its case.

Most lawsuits are settled out of court instead of going to trial due to the fact that it's more cost-effective for everyone involved. If your attorney is convinced that they will win the case at trial and decides to pursue it to an appeal to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and raise awareness and prevent these types of injuries from happening in the future. If the verdict you receive is not favorable, you can appeal. While this process can take longer, it can also increase the amount of the compensation you receive.