Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family members find closure. The process of litigation is complex and requires an experienced lawyer.

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

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular case. It can easily reach millions of dollars.

Many of the abilene erb's palsy attorney palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can significantly speed up the legal process, and also prevent your family from having to go before a judge or jury. If your family members are unable to reach a settlement, you will need to appear in the court. This can take a significant amount of time, however it can also result in a bigger award.

The brachial complex is a collection of nerves that control movement within 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 damage these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits helped families secure an affordable financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured while in the womb as a result of medical negligence and suffered brachial paralysis, an Erb's Palsy settlement can help you cover the cost of their treatment. This could include treatment, therapy as well as assistive devices and operations.

Many lawsuits are settled out of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a judge overturning a jury verdict. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement prior to the trial beginning.

If you're not able to reach a settlement the case will go to arbitration. A neutral third party will listen to both sides and decide who will win the case. This kind of hearing could be more informal than a trial, but it's important to present witnesses and evidence to the hearing.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You may either invite your witnesses to the hearing or submit their statements using video conferencing. Subpoenas must be sent in advance to all witnesses so that they are aware the requirement to attend the hearing. Additionally, you should keep your witnesses' addresses and phone numbers on file in the event that they are needed as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some will require surgery to fix torn or separated nerve fibers. However, a large percentage of children are not able to recover in any significant way and will be forced to live with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Chino Hills Erb's Palsy Attorney syndrome was the result of negligence by a medical professional during the birth process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who are experts in treating this condition to produce the lifetime 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 will also help you obtain copies of your child's medical records and determine if the doctor who performed your child's birth had a history of similar malpractice cases.

Once your lawyer has identified the injuries of your child then she will make a claim against the defendants. Both parties will be involved in the discovery phase, which includes exchanging evidence such as expert opinions, depositions and medical records and more. This is a vital part of your legal action because it gives both sides the chance to build their arguments. It can take as long as one year to arrive at a settlement.

Settlement

If your west mifflin erb's palsy law firm Palsy lawsuit is a success the lawyer may be able to get compensation to cover medical expenses including future treatment costs, adaptive devices along with physical therapy. You could 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, witness statements as well as expert testimony. Once your lawyer has gathered the evidence, they will bring a lawsuit against the defendants. These are usually the medical professionals that provided your child with. The defendants will then be given a certain amount of time in which to respond to the lawsuit. during this process of discovery both sides will gather additional evidence to support their assertions.

Most lawsuits are settled outside of court instead of going to trial, because it's more cost-effective for the parties involved. If your attorney is convinced that they can win the case at trial it could be decided to try to get the jury. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and can help increase awareness to prevent these types of injuries from occurring in the future. However, if your verdict is not favorable to you then you may appeal the decision. The process could take longer, but it can increase the amount you are awarded.