erb's palsy lawyers Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family to find closure. However, the litigation process is complicated and requires experienced legal representation.

A successful lawsuit could grant your family members compensation for your child's medical bills and any future treatment. Find out more about Erb's palsy lawsuit procedure.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the particular case. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties. This can drastically reduce the legal process and avoid your family from facing a judge or jury. If your family members are unable to reach an agreement on a settlement the family will have to go to the court. This can also take a long time, however, it could result in a higher award.

The brachial nerves regulate the movement of the arm. Forcing the neck, head, arms, or shoulders during labor and birthsuch as when doctors employ forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. In many cases, this injury is preventable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise the word about this birth injury that could have been prevented. In the past, these lawsuits have helped families receive an appropriate financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured by a brachial plexus injury during pregnancy due to medical negligence, Erb's palsy lawsuit an Erb's palsy settlement could help you pay for his or her care. This could include treatment, therapy, assistive devices, and procedures.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a court might overturn a decision made by jurors. Your lawyer and hospital's lawyers are likely to seek a settlement before the trial gets underway.

If you are not able to reach an agreement, the case will go to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. This hearing is more informal than a court trial however, it is crucial to provide witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. You can witness your witnesses attend the hearing or present their statements using video conferencing. Subpoenas must be sent in advance to all witnesses so they are aware the requirement to attend the hearing. In addition, you must have your witnesses' addresses and telephone numbers on file in case they are called as a witness in the future.

Complaints in Court

Many children with Erb's -Pallsy can overcome physical limitations through regular physical therapy. Some will require surgery to fix torn or separated nerve fibers. However, a significant number of children do not recover in any significant way and must live with the effects of this birth injury for life. Parents who believe their child's Erb's paralysis was the result of negligence in the delivery procedure have the right to claim an appropriate amount of compensation for their child's injuries.

To determine the value of your case Your lawyer will work with doctors who are experts in treating these ailments to develop a life-long cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child’s medical records and determine whether or not the doctor who treated your child's diagnosis had a prior experience of malpractice.

Once your lawyer has a thorough knowledge of the injuries suffered by your child 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 records are also included. This is a crucial aspect of your legal proceedings because it allows both sides to present their case. It can take up to an entire year before you can reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation that covers medical expenses and future treatment costs including adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer must collect evidence to prove the mistake that led to your child's brachial-plexus injury, which could include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, he will make a claim against the defendants. These are usually the medical professionals that have delivered your child. The defendants are then given a specific period of time to respond. In the discovery phase each side will collect evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial as it's more cost-effective for all parties involved. However, if your attorney believes they will win at trial, they may decide to take the case to an appeals court verdict. A successful verdict will give families a sense justice and increase awareness of how to avoid any future birth injuries. If your verdict isn't favorable you may appeal. Although this process may take longer however, it could also increase the amount of the compensation you receive.