Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family members find closure. The process of litigation can be complex and requires an experienced lawyer.

If you prevail in your lawsuit, your family will be awarded compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most frequent reason for families to file an erb's palsy lawyer palsy lawsuit is to get 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 situation. It could easily amount to millions of dollars.

Many of the lawsuits involving Erb's Psy settle without court. The lawyers representing both the plaintiff and defendant work together to find a settlement that is acceptable to both parties. This can drastically reduce the legal process and avoid your family from facing the jury or judge. If your family is unable agree on a settlement and you are unable to reach a settlement, you must go to court. This can take a considerable amount of time, but could also result in a larger settlement.

The brachial nerves control the movement of the arm. During labor and birth, excessive forceful pulling of the neck, head, shoulders or on the arms could damage these nerves, causing Erb's Palsy. This condition is usually preventable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness of the birth injury that could have been avoided. In the past the lawsuits have helped families get a fair financial settlement and Erb's palsy lawsuit help their child get back on track.

Mediation or Arbitration

If your child was injured while in the womb by medical negligence and was later diagnosed with brachial sprains, an Erb's Palsy settlement could help you pay for their treatment. This could include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits are settled out of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's attorneys will likely attempt to reach an agreement before the trial begins.

If you are unable to reach an agreement, your case will be sent to arbitration. This means that an impartial third party will take in both sides and determine who wins the case. This kind of hearing could be more informal than a trial, however it is crucial to present witnesses and evidence for the hearing.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can have witnesses present at the hearing in person, or you can submit their statements through video conferencing. Subpoenas must be sent in advance to all witnesses in order that they are aware the requirement to attend the hearing. Keep your witnesses' phone numbers and addresses in the file in case you have to call them as a future witness.

A complaint to the court

Many children who suffer from Erb's syndrome can overcome physical limitations through daily physical therapy. Some will require surgery to repair sprained or damaged nerve fibers. A significant number of children do not recover and are forced to live their lives suffering the effects of this birth injury. Parents who believe their child's Erb's paralysis was due to negligence in the delivery process have the right to claim fair compensation for their child's injuries.

Your lawyer will work with specialists in treating this condition to create an estimated cost of living for life estimate. This will help you determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer will also help you obtain copies of your child's medical records and investigate whether the doctor who was involved in your child's birth had an history of similar malpractice cases.

If your lawyer has a clear understanding of the injuries suffered by your child then she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of your legal proceedings since it allows both sides to develop their arguments. It can take up a year to arrive at a settlement.

Settlement

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

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial plexus in your child. This could include medical records, witness statements as well as expert testimony. Once your lawyer has collected the evidence, erb's palsy Lawsuit they will file a lawsuit against the defendants. They are typically the medical professionals that gave your child. The defendants are then given a certain time frame to respond. In the discovery phase each side will collect evidence to back up their claims.

Most lawsuits are settled outside of court, rather than going to trial since it's more cost-effective for all parties involved. If your lawyer is confident they can win at trial, they may decide to take the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and help raise awareness to prevent these types of injuries from happening in the future. If, however, your verdict is not in your favor it is possible to appeal the decision. Although this process may take longer but it also can increase the amount of the compensation you receive.