Erb's Palsy Litigation

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

If you win your lawsuit, your family can be awarded compensation for the medical bills of your child and future treatment. Read on to learn more about the Erb's syndrome lawsuit procedure.

The Legal Process

The most frequent reason families pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on the particular situation of your child as well as the severity of their injuries but can easily soar into the thousands of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and the defendant will collaborate to negotiate an acceptable settlement to both parties. This can speed up the legal process dramatically and keep your family from having a jury or judge decide the case. If your family is unable reach a settlement and you are unable to reach a settlement, you must appear in the court. This can take a long time but it could also result in a higher amount.

The brachial complex is a collection of nerves that control movement in the arm. When you are pregnant, excessive forceful pulling of the neck, head, or shoulders or on the arms could result in damage to these nerves and cause Eureka Erb's Palsy Lawsuit palsy. This type of injury is usually prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to create awareness about the birth injury that could have been avoided. In the past, these lawsuits have helped families receive an appropriate financial settlement to help their child's future.

Mediation or Arbitration

If your child has suffered an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's Palsy settlement can help pay for his or her treatment. This may include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits are settled outside of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's attorneys will likely seek a settlement prior to when the trial gets underway.

If you're unable to agree to a settlement the case will be taken to arbitration. A neutral third party will listen to both sides and determine who wins the case. This type of hearing can be more informal than a trial, but it's important to present witnesses and evidence for the proceedings.

You will also need copies of all legal documents and witnesses to be present at the hearing. Witnesses are able to attend the hearing in person or you can present their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses to ensure that they are aware of the requirement to be present at the hearing. You must also keep the numbers of your witnesses and addresses on file, in case you have to contact them for witnesses in the future.

Complaints in Court

Many children with Erb's -Pallsy can overcome physical limitations with intensive daily physical therapy. Some will require surgery to fix torn or damaged nerve fibers. Many children will never recover and have to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb's paralysis was due to medical negligence during the delivery process have the right claim fair compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition to develop a lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to under your richfield erb's palsy attorney palsy settlement. Your lawyer can also assist you get copies of your child’s medical records, and investigate whether the doctor who treated your child had a previous history of malpractice cases.

Once your lawyer has identified the child's injuries and the child's injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery process which includes exchanging evidence including expert opinions, depositions, medical records and more. This is an important part of your legal defense because it helps you build your arguments. It can take up an entire year before you can arrive at a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to secure 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 life.

Your lawyer must gather evidence to prove mistake that led to your child's brachial plexus injury, which could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will start a lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants are then given a certain amount of time to reply. In the discovery phase each side will collect evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial because it is cheaper for everyone involved. If however, your attorney believes they will win in court, they could decide to pursue the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit can bring families a sense of justice and can help increase awareness in order to prevent these types of injuries from happening again in the future. If your verdict is not favorable to you then you may appeal the decision. While this procedure can take more time, it can also increase the amount of compensation you receive.