Erb's Palsy Litigation

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

A successful lawsuit could award your family members compensation for child's medical bills and any future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file erb's palsy legal-Palsy lawsuits to get reimbursement for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the specific situation. It could easily reach millions of dollars.

Many erb's palsy lawyer Palsy lawsuits settle without court. The lawyers of both the plaintiff and the defendant will come together to negotiate a settlement that is acceptable to both parties. This could cut down the legal process considerably and keep your family from having a jury or judge decide on their case. If your family members are unable to agree on a settlement you will have to go to trial. This can take a lot of time, but can also result in a bigger settlement.

The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head, shoulders, or on the arms, can result in damage to these nerves and cause Erb's Palsy. In many cases, this injury is preventable. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about the birth injury that could have been avoided. In the past, these lawsuits helped families secure an affordable financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured during the womb as a result of medical negligence and suffered brachial paralysis, Erb's Palsy Litigation an Erb's Settlement for palsy could help you cover the cost of their treatment. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a judge might overturn a decision made by jurors. Your lawyer and the hospital's attorneys will likely try to reach an agreement before the trial starts.

If you are unable to reach an agreement, the case will be referred to arbitration. This means that a neutral third party will hear both sides and decide who will win the lawsuit. The hearing may be more informal than a trial, but it's important to present witnesses and evidence to the hearing.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses attend the hearing in person, or you can provide their statements through video conference. Subpoenas must be sent in advance to all witnesses to ensure that 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 required to appear as a witness in the future.

Complaint in the Court

Many children suffering from erb's palsy law Palsy can overcome physical limitations with intensive daily physical therapy. Some children will 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 negligence during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with doctors that specialize in treating this condition to produce the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to through your erb's palsy lawyers palsy settlement. Your lawyer will also help you obtain copies of your child's medical records and investigate whether the doctor responsible for your child's birth had an history of similar malpractice cases.

Once your lawyer has a clear knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will go through the discovery process which includes exchanging evidence such as expert opinions, Erb's Palsy Litigation depositions, additional medical records and more. This is an essential aspect of your legal defense because it allows you to develop your case. It can take up to a year to negotiate a settlement.

Settlement

If your Erb's Palsy lawsuit is a success your lawyer could be able obtain compensation to cover medical expenses for future treatment, future costs for treatment and 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 show that malpractice caused the brachial plexus injury in your child. This could include medical records as well as witness statements as well expert testimony. Once your attorney has gathered the evidence, they'll start a lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants are given a specific period of time to respond to the lawsuit, and during the discovery phase both sides will collect additional evidence to back their assertions.

Most lawsuits settle out of court, instead of going to trial, since it's more cost-effective for the parties involved. However, if your attorney is confident they can win in court, they could decide to pursue the case all the way to a verdict by a jury. A successful verdict in a birth injury lawsuit can give families a sense of justice and can help increase awareness to prevent these types of injuries from happening in the future. If the verdict you receive is not favorable you may appeal. The process could take longer, but it can increase the amount you receive.