Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family will receive compensation for the medical bills of your child and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason families file an marysville erb's palsy lawsuit palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon the particular case of your child and the severity of their injuries but it could easily reach the millions of dollars.

Many of the rensselaer erb's palsy attorney palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and the defendant will collaborate to negotiate a settlement that is acceptable to both parties. This could speed up the legal process dramatically and keep your family from having a jury or judge decide on their case. If your family is unable to reach a settlement then you'll need to appear in the court. It can take a long time but it could also result in a larger award.

The brachial plexus is a set of nerves which control movement in the arm. Forcing the neck, head arms, or shoulders during labor and birthfor example, when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. This injury is often preventable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness about the birth injury which could have been avoided. In the past the lawsuits have helped families get an appropriate financial settlement to help their child get back on track.

Mediation or Arbitration

If your child has suffered a brachial plexus injury during pregnancy due to medical negligence, an Erb's palsy settlement can help pay for his or her treatment. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits settle without court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a court could invalidate a verdict handed down by a jury. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement before the trial starts.

If you are unable to come to a deal the case will go to arbitration. A neutral third party will listen to both sides and decide who will win the case. This type of hearing can be more informal than a trial, but it's important to present 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 either have your witnesses attend the hearing or give statements using video conferencing. You must ensure that all of your witnesses are aware they are required to attend the hearing by submitting subpoenas before the hearing. Additionally, you should have the addresses of your witnesses and phone numbers in case in case they are called as a witness in the future.

Complaints in Court

Many children who suffer from oregon Erb's palsy law firm syndrome can overcome their physical limitations with intense physical therapy every day. Some will require surgery to repair torn or separated nerve fibers. However, a large percentage of children don't recover to any measurable degree and will be left with the handicaps of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

To determine the worth of your case the lawyer will work with specialists in treating these conditions to develop a life-long cost-of-living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer can also assist you obtain copies of your child’s medical records, and investigate whether or not the doctor who performed surgery on your child's diagnosis had a prior history of malpractice cases.

If your lawyer has a good 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 includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an important part of your legal case because it allows you to construct your arguments. It can take up an entire year to reach a settlement.

Settlement

If your lawsuit against Erb's Palsy is a success the lawyer may be able to obtain compensation to cover medical expenses for future treatment, future costs for treatment and adaptive devices, as well as physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial area in your child. This could include medical records, witness statements as well as expert testimony. Once your lawyer has collected the evidence, they will file a lawsuit against the defendants. These are usually the medical professionals who have delivered your child. The defendants are given a specific amount of time to respond to the suit, and during the discovery phase, both sides will gather additional evidence to prove their assertions.

Most lawsuits settle out of court rather than going to trial, since it's more cost-effective for the parties involved. If your lawyer is confident they can win in court, they might choose to take the case all the way to the verdict of a jury. A successful verdict in an injury lawsuit for birth can give families a sense justice, and also help to raise awareness to prevent these kinds of injuries from happening in the future. If your verdict isn't favorable, you can appeal. This could take a bit longer, but can increase the amount you receive.