Erb's Palsy Litigation

In the aftermath of your child's brachial injury can bring you and your family closure. However, the litigation process is complex and requires expert legal representation.

If you prevail in your lawsuit, your family may receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file erb's palsy lawyer Palsy lawsuits to recover compensation for medical expenses and other expenses. The amount of money that is awarded in a settlement is dependent on the specific situation of your child and the extent of their injuries, however, it can easily rise to the thousands of dollars.

Many erb's palsy lawsuits (kingranks.Com) are resolved outside of court. The lawyers of both the plaintiff and the defendant will collaborate to negotiate an acceptable settlement to both parties. This can speed up the legal process dramatically and keep your family from having a judge or jury decide the case. However, if your family members are unable to agree on an agreement, you'll have to go to trial. This can also take a long time however, it could result in a higher award.

The brachial nerves control the movement of the arm. Forceful pulling on the head, neck, arms, or shoulders during labor and delivery -such as when doctors employ forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits have helped families receive an equitable financial settlement to help their child's future.

Mediation or Arbitration

If your child has suffered an injury to the brachial area during birth due to medical negligence, an Erb's palsy settlement could help you to pay for the treatment. This may include therapy, treatment, assistive devices, and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and hospital's attorneys are likely to try to reach an agreement prior to the trial starts.

If you are unable to reach a settlement the case will go to arbitration. A neutral third party will hear both sides and decide who will win the case. This type of hearing can be more informal than a trial, however it is important to provide witnesses and evidence in the hearing.

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

Complaints in Court

Many children suffering from Erb's Palsy can overcome physical limitations through intensive daily physical therapy. Some may require surgery to fix torn or 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's paralysis was due to negligence by a medical professional during the birth procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

To determine the worth of your case, your lawyer will work with doctors who are experts in treating these conditions to develop a lifetime cost-of-living estimate. This helps determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also help to obtain copies of your child’s medical records, and investigate whether or not the doctor who treated your child had a previous experience of malpractice.

When your lawyer has a clear understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery process which includes exchanging evidence like expert opinions, depositions and medical records, and more. This is a crucial aspect of your legal proceedings since it allows both sides to develop their arguments. It could take up to an entire year before you can settle a case.

Settlement

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

Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records and testimony from witnesses as well as expert testimony. After your lawyer has collected this evidence, they'll file the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants will then be given a specified period of time to respond. In this discovery phase the parties will gather evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial, because it's more cost-effective for all parties involved. However, if your attorney is confident that they will prevail in court, they might decide to pursue the case to an appeals court verdict. A successful verdict in a birth injury lawsuit could bring 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 the verdict you receive is not favorable you may appeal. Although this process may take longer but it also increases the amount of the amount you are awarded.