sedro woolley erb's palsy attorney Palsy Litigation

Legal action after your child's injury to the brachial plexus could aid you and your family find closure. The process of litigation can be complicated and requires a skilled lawyer.

A successful lawsuit may award your family members compensation for your child's medical bills as well as future treatment. Learn more about the Erb's syndrome lawsuit process.

The Legal Process

The most common reason families pursue an Erb's-related lawsuit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement will depend on the particular case of your child and the extent of their injuries, however, it can easily rise to the millions of dollars.

Many cases involving Erb's palsy have been settled out of court. The lawyers for both plaintiff and the defendant will collaborate to reach an agreement that is acceptable to both parties. This can significantly speed up the legal process, and also prevent your family from facing jurors or judges. If, however, your family is unable to reach the terms of settlement, you'll need to go to trial. This can take a significant amount of time, but could also result in a bigger settlement.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head arms or shoulders during labor and delivery- such as when doctors make use of forceps or vacuum extractors excessively -- can damage these nerves, causing Desloge Erb's Palsy Lawyer palsy. This condition is usually prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to spread awareness of this birth injury that could have been prevented. In the past the lawsuits have helped families obtain an appropriate financial settlement to get their child's life back on track.

Arbitration or Mediation

If your child was injured in the womb because of medical negligence and was later diagnosed with brachial palsy, anErb's Palsy settlement could help you to pay for their medical treatment. This could include surgery, therapy, assistive devices and treatment.

Many lawsuits are settled outside of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge could invalidate a verdict handed down by jurors. Your lawyer and the hospital's lawyers are likely to attempt to reach a settlement before the trial gets underway.

If you are unable reach a settlement your case will be sent to arbitration. This means that a neutral third party will be able to hear both sides and determine who will win the lawsuit. This type of hearing is more informal than a court trial but it is important to present witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You may either have your witnesses attend the hearing or provide their statements via videoconferencing. Subpoenas must be issued in advance to all witnesses so that they are aware the requirement that they attend the hearing. In addition, you must have your witnesses' addresses and contact numbers on file in case they're called to testify in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome their physical limitations by intensive daily physical therapy. Some children may require surgery to repair torn nerve fibers. A large percentage of children do not recover and are forced to live with the consequences of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with specialists in treating this condition to develop the lifetime cost of living estimate. This helps determine how much 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 if the doctor involved in the birth of your child had a history of similar malpractice cases.

If your lawyer has a thorough understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes 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 allows you to build your case. It can take up to an entire year before you can settle a case.

Settlement

If your Erb's palsy suit is successful, your lawyer could be able get compensation that covers medical expenses and future treatment costs which include adaptive devices and 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 negligence caused the brachial plexus injury in your child. This may include medical records and witness statements as well as expert testimony. After your lawyer has gathered this evidence, they'll make a claim against the defendants, who are usually the medical experts who delivered your child. The defendants are given a specific amount of time to respond to the suit, and during this process of discovery both sides will collect additional evidence to back their claims.

Most lawsuits are settled outside of court instead of going to trial since it is cheaper for all parties involved. If however, your attorney believes that they can win at trial, they may decide to take the case all the way to an appeals court verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense justice, and also help to raise awareness to prevent these types of injuries from happening in the future. If the verdict you receive is not favorable you may appeal. While this procedure can take more time, it can also increase the amount of the amount you are awarded.