erb's palsy law firm Palsy Litigation

Taking legal action in the aftermath of your child's brachial injury can help bring your family and you closure. However, the litigation process is a bit complicated and requires skilled legal representation.

If you win your lawsuit, your family will receive compensation for medical bills of your child as well as future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the specific case. It could easily amount to 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 acceptable to both parties. This could speed up the legal process significantly and spare your family from having a jury or judge decide their case. If your family cannot agree on the terms of settlement, you'll need to go to trial. This can take a considerable amount of time, but can also result in a larger amount.

The brachial plexus is a set of nerves that regulate movement within the arm. Forceful pulling on the neck, head, 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 (pxp.Kr). In many cases, this injury is preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to spread the word about this birth injury that could have been avoided. In the past, these lawsuits helped families get an affordable financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured in the womb by medical negligence and was later diagnosed with brachial palsy, an Erb's Settlement for palsy could help you to pay for their medical treatment. This may include therapy, treatment aids, assistive devices, as well as surgeries.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will likely attempt to negotiate an agreement prior to the trial starts.

If you are unable agree to a settlement, your case will proceed to arbitration. This means that a neutral third party will hear both sides and determine who will win the case. This type of hearing is more informal than a court trial but it is essential to present witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You may either have your witnesses attend the hearing or submit their testimony via video conferencing. Subpoenas should be sent in advance to all witnesses to ensure that they are aware the requirement to attend the hearing. Keep the names of witnesses' telephone numbers and addresses on file, in case you need to contact them as an upcoming witness.

Complaint in the Court

Many children who suffer from Erb's palsy can overcome their physical limitations by daily physical therapy. Some will require surgery to repair damaged or separated nerve fibers. However, a significant number of children will not recover in any significant way and must live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb's palsy was the result of medical negligence during the delivery process have the right to claim an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors that specialize in treating this condition to create an estimated cost of living for life estimate. This determines the amount you're 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 your child's birth had prior experience with similar malpractice cases.

When your lawyer is aware of the harms your child has suffered and the child's injuries, she will bring a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of the legal process because it allows both sides to develop their arguments. It can take up one year to reach a settlement.

Settlement

When your erb's palsy attorneys palsy lawsuit is successful, your lawyer could be able to secure compensation for medical expenses and future costs for treatment which include adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of living.

Your lawyer will need evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records, witness statements as well as expert testimony. After your lawyer has gathered the evidence, he or she will start a lawsuit against defendants. They are typically the medical professionals that have 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 gather additional evidence to prove their assertions.

Most lawsuits settle out of court rather than going to trial because it's more cost-effective for all parties involved. However, if your attorney is confident they can win in court, they could decide to pursue the case all the way to a verdict by a jury. A successful verdict will give families a sense justice and increase awareness of ways to avoid future birth injuries. If the verdict isn't favorable you can appeal. While this procedure can take longer but it also can increase the amount of the compensation you receive.