huntingdon erb's palsy lawyer Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family members find closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

If you are successful in your lawsuit, your family can receive compensation for the medical expenses of your child and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's-Palsy lawsuits to seek reimbursement for medical expenses and other expenses. The amount of money offered in a settlement is contingent upon the specific situation of your child and the extent of their injuries, but it can easily go into the thousands of dollars.

Many of Erb's palsy lawsuits have been resolved outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from facing the jury or judge. If your family members are unable to agree on a settlement then you'll need to go to court. This can take a considerable amount of time, but could also result in a larger award.

The brachial area is a group of nerves which control movement in the arm. During labor and birth excessive forceful pulling of the neck, head, or shoulders, or on the arms, can damage these nerves, causing Erb's Palsy. The injury is often prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to create awareness of the birth injury that could have been avoided. In the past these lawsuits helped families get an appropriate financial settlement to get their child's life back on the right track.

Arbitration or Mediation

If your child sustained an injury to the brachial nerve in the womb due to medical negligence, an mineola erb's palsy lawsuit Palsy settlement could help you to pay for the treatment. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a court might overturn a decision made by the jury. Your lawyer and the hospital's attorneys will likely try to come to an agreement before the trial begins.

If you are not able to reach an agreement, the case will be referred to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, but it is important to provide physical evidence and witnesses for the hearing.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can choose to invite your witnesses to attend the hearing or submit their statements through video conferencing. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. Keep your witnesses' numbers and addresses on file in case you need to contact them as witnesses in the future.

Complaint in the Court

Many children with Erb's -Pallsy can overcome physical limitations with intensive daily physical therapy. Some children may require surgery to repair torn nerve fibers. A significant number of children are not able to recover and will have to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

Your lawyer will work with doctors that specialize in treating this condition to develop an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also help you get copies of your child's medical records and determine whether the doctor who performed surgery on your child had a previous record of malpractice cases.

Once your lawyer has identified the child's injuries then she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal defense because it allows you to construct your case. It can take as long as an entire year before you can settle a case.

Settlement

If your grandview heights erb's Palsy attorney-Pallsy lawsuit is successful the lawyer may be able to obtain compensation to cover medical expenses including future treatment costs, adaptive devices, as well as physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial area in your child. This may include medical records and witness statements as well as expert testimony. Once your attorney has gathered this evidence, they'll file the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants are then given a specific period of time to respond. During this discovery phase the parties will gather evidence to back up their claims.

Most lawsuits are settled out of court, rather than going to trial as it is cost-effective for everyone involved. If however, your attorney believes they will win in court, they could choose to take the case all the way to the verdict of a jury. A successful verdict will give families a sense of justice and raise awareness about ways to avoid future birth injuries. However, if the verdict is not in your favor then you may appeal the decision. While this process can take longer, it can also increase the amount of compensation you receive.