southaven erb's palsy attorney Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family get closure. However, the process of litigation is complex and requires expert legal representation.

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

The Legal Process

Families file Petaluma erb's palsy Lawyer Psy lawsuits to recover reimbursement for medical expenses and other expenses. The amount of money awarded in a settlement depends on your child's specific case and the extent of their injuries, but can easily soar into the thousands of dollars.

Many of the lawsuits involving Erb's Psy settle without court. The lawyers for both plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties. This can speed up the legal process considerably and spare your family from having a judge or jury decide on their case. If your family is unable come to a deal, you will need to go to the court. This can also take a long time but it can also potentially result in a higher award.

The brachial nerves regulate the movement of the arm. Forcing the neck, head arms or shoulders during labor and deliverylike when doctors employ forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. This injury is often prevented. Families seek to make negligent healthcare providers accountable for the harm they cause. They also seek to raise awareness about the birth injury that could have been avoided. In the past these lawsuits have helped families obtain a fair financial settlement and get their child's life back on path.

Arbitration or Mediation

If your child was injured by an injury to the brachial plexus in the womb due to medical negligence, an Erb's settlement can help you pay for their care. This can include surgery, therapy aidive devices, and treatment.

Many lawsuits settle without court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a court might overturn a decision made by the jury. Your lawyer and the hospital's attorneys are likely to try to reach a settlement prior to when the trial gets underway.

If you're not able to come to a deal the case will be taken to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. This kind of hearing could be more informal than a trial, but it's important to present witnesses and evidence for the proceedings.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can choose to invite your witnesses to attend the hearing or give statements through video conferencing. Subpoenas must be issued in advance to all witnesses to ensure that they are aware of the requirement that they attend the hearing. Additionally, you must have your witnesses' addresses and phone numbers in case in the event that they are needed as a witness in the future.

Complaints in the Court

Many children with Erb's Palsy are able to overcome physical limitations by intense daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a large percentage of children do not recover in any way and must live with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair amount of compensation.

Your lawyer will work with specialists in treating this condition to develop an estimated cost of living for life estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also assist you get copies of the medical records for your child and determine if the doctor responsible for your child's birth had an history of similar malpractice cases.

Once your lawyer understands the harms your child has suffered and the child's injuries, she will make a claim against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal case as it helps you build your arguments. Settlements can last for up to one year.

Settlement

If your Erb's-Pallsy lawsuit is a success your lawyer might be able to get compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices along with physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial area in your child. This could include medical records, witness statements, as well as expert testimony. Once your attorney has gathered this evidence, they will file the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants will then be given a specified amount of time to reply. In the discovery phase each side will gather evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial due to the fact that it is cost-effective for all parties involved. If your attorney is convinced that they can win the case in court, they might decide to go to an appeal to a jury verdict. A successful verdict could give families a sense justice and raise awareness about how to prevent future birth injuries. However, if your verdict is not favorable to you then you may appeal the decision. While this process can take more time but it also increases the amount of the amount you are awarded.