Erb's Palsy Litigation

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

A successful lawsuit may award your family compensation for child's medical bills and future treatment. Find out more about Erb's palsy lawsuit procedure.

The Legal Process

The most common reason families pursue an Erb's-related 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 as well as the particular situation. It could easily reach millions of dollars.

Many of the church hill erb's palsy law firm Palsy lawsuits have been settled out of court. The lawyers for both plaintiff and defendant collaborate to negotiate an acceptable settlement to both parties. This can speed up the legal process considerably and prevent your family from having a jury or judge decide the case. If your family is unable reach an agreement on a settlement the family will have to go to court. This could take a long amount of time, however it can also result in a bigger award.

The brachial nerves regulate the movement of the arm. The forceful pulling of the neck, head, arms or shoulders during labor and birthsuch as when doctors employ forceps or vacuum extractors excessively -- can cause damage to the nerves and cause Erb's palsy. This condition is usually preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also wish to raise awareness of the birth injury that could have been prevented. In the past, these lawsuits helped families get an equitable financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured during the womb by medical negligence and suffered brachial sprains, an Erb's Palsy settlement could help you pay for their treatment. This may include treatment, therapy aids, assistive devices, as well as operations.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely attempt to reach an agreement before the trial gets underway.

If you cannot reach an agreement, your case will be sent to arbitration. This means that an impartial third party will hear both sides and decide who will win the case. This type of hearing is more informal than a court trial, however it is vital to present witnesses and other physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to attend the hearing in person, or they can give their testimony through video conference. You must ensure that all of witnesses are aware that they must attend the hearing by submitting subpoenas ahead of time. Additionally, you should keep your witnesses' addresses and telephone numbers on file in case they are called as witnesses in the future.

Complaint in Court

Many children suffering from riverdale park Erb's Palsy lawsuit Palsy are able to overcome physical limitations by intensive daily physical therapy. Some children may require surgery to repair torn nerve fibers. Many children will never recover and have to live with the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors who specialize in treating this condition to create a lifetime cost of living estimate. This will allow you to determine the amount of compensation 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 determine if the doctor involved in the birth of your child had an history of similar malpractice cases.

If your lawyer has a solid understanding of your child's injuries and the extent of the injuries, she will file 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 your legal case because it allows you to develop your arguments. Settlements can last for up to one year.

Settlement

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

Your lawyer must gather evidence to prove the mistake that led to the brachial plexus injuries to your child, which could include medical documents, witness statements, and expert testimony. After your lawyer has collected the evidence, they'll start a lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants are then given a certain period of time to respond. In this phase of discovery each side will collect evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial, because it's cost-effective for all parties involved. If however, your attorney is confident they can win at trial, they may decide to take the case to the verdict of a jury. A successful verdict can give families a sense justice and raise awareness about how to avoid any future birth injuries. If your verdict isn't favorable, you can appeal. While this process could take longer but it also increases the amount of compensation you receive.