Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family may receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to get reimbursement for medical expenses and other expenses. The amount of money awarded is contingent on the severity of your child's injuries as well as the particular situation. It can easily reach millions of dollars.

Many of the williamsville erb's palsy Law firm Palsy lawsuits have been settled without court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that pleases both parties. This can speed up the legal process dramatically and keep your family from having a judge or jury decide the case. If your family members are unable to 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 can also potentially result in a bigger award.

The brachial complex is a collection of nerves which control movement in the arm. A forceful pull on the neck, head, shoulders or arms during labor and deliverylike when doctors use forceps or vacuum extractors excessively -- can cause damage to the nerves and cause fairview park erb's palsy attorney palsy. This type of injury is usually prevented. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness about the birth injury that could have been prevented. In the past these lawsuits helped families get an affordable settlement in order to ensure their child's future.

Mediation or Arbitration

If your child sustained a brachial plexus injury during birth due to medical negligence, an Erb's Palsy settlement can help you pay for their treatment. This could include treatment, therapy, assistive devices, and operations.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and prevents 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 begins.

If you are unable to reach an agreement, your case will be taken to arbitration. A neutral third party will hear both sides and decide who wins the case. This type of hearing is more informal than a court trial but it is important to provide witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. Witnesses are able to present at the hearing in person or you can present their testimony through video conference. You must ensure that all your witnesses are aware that they must attend the hearing by submitting subpoenas before the hearing. You must also keep the numbers of your witnesses and addresses on file in case you have to call them as witnesses in the future.

Complaints in Court

Many children suffering from the condition Erb's-Palsy can overcome their physical limitations with intensive daily physical therapy. Some will require surgery to fix torn or damaged nerve fibers. Many children do not recover and are forced to live with the consequences of this birth injury. Parents who believe their Erb's palsy in their child was the result of medical negligence during the delivery process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child.

To determine the value of your case, your lawyer will work with doctors who specialize in treating these ailments to create a cost-of-living estimate. This is used to determine how much you are entitled to receive from your Erb's palsy settlement. 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 had a previous record of malpractice cases.

If your lawyer has a clear understanding of the harms your child has suffered then she will make a claim against the defendants. Both sides will go through the discovery process, which includes exchanging evidence, including expert opinions, depositions and medical records, and more. This is a crucial aspect of your legal proceeding because it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation to cover medical costs and future treatment costs including adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will need to gather evidence to prove mistake that led to your child's brachial-plexus injury and may include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will bring a lawsuit against the defendants. They are typically the medical professionals that have delivered your child. The defendants are then given a set time frame to respond. In this phase of discovery, each side will gather evidence to back up their claims.

Most lawsuits are settled out of court rather than going to trial since it is cheaper for all parties involved. If your attorney is confident that they can win the case in court it could be decided to take it to an appeal to a jury verdict. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and raise awareness in order to prevent these types of injuries from occurring in the future. If your verdict is not favorable you can appeal. Although this process may take more time however, it could also increase the amount of the amount you are awarded.