Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial-plexus injury can help bring you and your family closure. However, the litigation process is complicated and requires experienced legal representation.

A successful lawsuit may award your family compensation for child's medical bills as well as future treatment. Find out more about the Erb's-Palsy lawsuit process.

The Legal Process

Families file new port richey erb's palsy lawyer Psy lawsuits to recover the cost of medical treatment and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily amount to millions of dollars.

Many of Erb's lawsuits involving palsy are settled outside of court. The lawyers of both the plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from having to appear before a judge or jury. If your family is unable to reach an agreement on a settlement then you'll need to appear in court. This can take a lot of time, but it could also result in a larger award.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head arms or shoulders during labor and birthlike when doctors make use of forceps or vacuum extractors excessively -- can damage these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness about this birth injury which could have been avoided. In the past, these lawsuits have helped families obtain an equitable financial settlement and get their child's life back on course.

Arbitration or Mediation

If your child was injured during the womb due to medical negligence and has suffered brachial sprains, an fernandina beach erb's palsy attorney Palsy settlement can help you cover the cost of their treatment. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and the hospital's attorneys will likely try to reach a settlement before the trial gets underway.

If you're not able to come to a deal your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This type of hearing is more informal than a court trial, but it is important to present witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to attend the hearing in person, or you can present their testimony through video conference. Subpoenas must be sent in advance to all witnesses to ensure that they are aware of the requirement to attend the hearing. Also, keep the numbers of your witnesses and addresses in the file in case you have to contact them as an upcoming witness.

Complaints in Court

Many children who suffer from Erb's syndrome can overcome physical limitations through intensive daily physical therapy. Some may require surgery to repair damaged or separated nerve fibers. However, a substantial proportion of children are not able to recover in any way and will have to live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to fair compensation.

To determine the worth of your case Your lawyer will work with doctors who specialize in treating these ailments to come up with 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 get copies of the medical records for your child and determine if the doctor who performed your child's birth had a history of similar malpractice cases.

Once your lawyer has a good knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both parties will go through the discovery process, which includes exchanging evidence like expert opinions, depositions medical records and more. This is a vital part of your legal proceeding as it allows both sides to develop their arguments. Settlements can take up to one year.

Settlement

If your Kenneth City erb's palsy attorney palsy lawsuit is a success the lawyer may be able obtain compensation to cover medical expenses, future treatment costs and adaptive devices, as well as physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will require evidence to prove that malpractice caused the injury to the brachial nerve in your child. This could include medical records and witness statements as well expert testimony. Once your attorney has gathered the evidence, they'll start a lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants are given a certain amount of time in which to respond to the lawsuit, and during this process of discovery both sides will collect additional evidence to back their claims.

Most lawsuits are settled outside of court rather than going to trial because it is cheaper for all parties involved. If your attorney is confident that they will prevail in the case in court it could be decided to go to a jury verdict. A successful verdict in an injury lawsuit for birth can bring families a sense of justice and can help increase awareness in order to prevent these types of injuries from occurring in the future. However, if the verdict is not in your favor it is possible to appeal the decision. While this process can take longer, it can also increase the amount of the amount you are awarded.