erb's palsy attorneys Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family get closure. However, the process of litigation is complicated and requires experienced legal representation.

If you prevail in your lawsuit, your family could receive compensation for medical expenses of your child and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason families file an Erb's 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 and the specific case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This could speed up the legal process dramatically and spare your family from having a jury or judge decide the case. However, if your family members cannot reach a settlement you will have to go to trial. This can take a long time, however, it could result in a higher amount.

The brachial complex is a collection of nerves which control movement in the arm. Forceful pulling on the head, neck, arms or shoulders during labor and delivery -for example, when doctors use forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. This condition is usually preventable. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also want to create awareness of the birth injury that could have been prevented. In the past these lawsuits have helped families receive an affordable financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured in the womb because of medical negligence and was later diagnosed with brachial sprains, an Erb's Settlement for palsy could help you cover the cost of their treatment. This could include therapy, surgery as well as assistive devices and treatment.

Many lawsuits settle out of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a judge might overturn a decision made by a jury. Your lawyer and hospital's lawyers will most likely try to come to an agreement prior to the trial beginning.

If you cannot reach an agreement, the case will be sent to arbitration. This means that a neutral third party will hear both sides and determine who will win the case. This hearing is more informal than a court case, but it is important to have witnesses present and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can witness your witnesses attend the hearing or provide their statements using video conferencing. You must ensure that all of your witnesses are aware they must attend the hearing by submitting subpoenas ahead of time. In addition, you must have your witnesses' addresses and contact numbers on file in case they are called as a witness in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations through intensive daily physical therapy. Some children will require surgery to repair the torn nerve fibers. A large number of children do not recover and are forced to live suffering from the effects of this birth injury. Parents who believe their child's Erb's palsy was the result of medical negligence during the delivery process are entitled to claim fair compensation for their child's injuries.

To determine the value of your case Your lawyer will work with doctors who specialize in treating these conditions to develop a lifetime cost-of-living estimate. This determines the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and investigate whether the doctor who delivered your child's care had a medical malpractice case.

If your lawyer has a clear understanding of the child's injuries, she will start a lawsuit against defendants. Both parties will be involved in the discovery phase which involves exchanging evidence like expert opinions, depositions medical documents and more. This is an essential aspect of your legal argument because it allows you to build your arguments. It can take up to an entire year to negotiate a settlement.

Settlement

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

Your lawyer will need to collect evidence to prove the malpractice that caused the brachial plexus injury to your child and may 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 delivered your child. The defendants are given a specific amount of time to respond to the suit, and during this discovery phase each side will gather additional evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial since it's more cost-effective for everyone involved. If your lawyer is confident that they'll win the case at trial and decides to pursue it to a jury verdict. A successful verdict will give families a sense justice and increase awareness of ways to avoid future birth injuries. However, if your verdict is not favorable to you You can appeal the decision. This procedure could take longer, but it could increase the amount you are awarded.