Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could aid you and your family get closure. However, the litigation process is complex and requires skilled legal representation.

If you win your lawsuit, your family will receive compensation for medical expenses of your child and future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason families start an Erb's Palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the specific case. It could easily amount to millions of dollars.

Many North Charleston Erb's Palsy Law Firm palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can speed up the legal process significantly and keep your family from having a judge or jury decide the case. If your family is not able to reach an agreement on a settlement, you will need to go to court. This can take a significant amount of time, but it could also result in a bigger settlement.

The brachial plexus is a set of nerves which control movement in the arm. During labor and birth, excessive forceful pulling of the head, neck or shoulders or on arms, could cause nerve damage, resulting in Erb's palsy. In many instances, the injury is preventable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to raise awareness about this birth injury that could have been avoided. In the past, these lawsuits have helped families obtain a fair financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence and was later diagnosed with brachial paralysis, an Erb's Palsy settlement can help you pay for their treatment. This may include therapy, treatment devices, assistive devices, and surgeries.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's lawyers are likely to attempt to negotiate a settlement before the trial starts.

If you are unable to come to a deal your case will be sent to arbitration. A neutral third party will hear both sides and determine who wins the case. The hearing may be more informal than a trial, however it's important to present witnesses and evidence in 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 have your witnesses attend the hearing or submit their statements via videoconferencing. Subpoenas need to be sent in advance to all witnesses in order they are aware of the requirement that they attend the hearing. You must also keep your witnesses' phone numbers and addresses on file in case you have to call them as a future witness.

Complaint in Court

Many children with monahans erb's palsy law firm Palsy can overcome physical limitations through intense physical therapy every day. Some may require surgery to repair damaged or separated nerve fibers. A significant number of children do not recover and are forced to live their lives with the consequences of this birth injury. Parents who believe that their Erb's palsy in their child was due to medical negligence during the birth process have the right to claim an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors who specialize in treating this condition to develop an annual cost of living estimate. This will help determine the amount you are entitled to receive from your settlement for dayton erb's palsy lawsuit Palsy. Your lawyer can also assist you obtain copies of your child's medical records, and look into whether the doctor who delivered your child's care had a record of malpractice cases.

When your lawyer has a solid understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of your legal proceeding as it allows both sides to construct their arguments. It can take up a year to negotiate a settlement.

Settlement

If your Erb's Palsy lawsuit is a success your lawyer could be able 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 and loss of quality of life.

Your lawyer must collect evidence to prove the error that caused the brachial plexus injury to your child and may include medical records, witness statements and expert testimony. Once your lawyer 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 then given a specific 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, rather than going to trial due to the fact that it's more cost-effective for all parties involved. If your lawyer is confident they can win in court, they might decide to pursue the case all the way to a jury verdict. A successful verdict could provide families with a sense of justice and raise awareness about ways to avoid future birth injuries. However, if the verdict is not in your favor it is possible to appeal the decision. This procedure could take longer, but it could increase the amount you get.