erb's palsy lawyers Palsy Litigation

Taking legal action in the aftermath of your child's plexus brachial injury can bring your family and you closure. However, the process of litigation is complex and requires skilled legal representation.

If you are successful in your lawsuit, your family will 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

The most popular reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on the specific situation of your child and the extent of their injuries, but can easily soar into the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both the plaintiff and defendant collaborate to reach an acceptable settlement to both parties. This could cut down the legal process by a significant amount and save your family from having a judge or jury decide the case. If your family is not able to agree on a settlement and you are unable to reach a settlement, you must go to the court. This can take a considerable amount of time, however it can also result in a larger award.

The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head arms or shoulders during labor and delivery -- such as when doctors use forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. In many cases, this injury is preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families get an appropriate financial settlement to get their child's life back on track.

Arbitration or Mediation

If your child suffered an injury to the brachial nerve during pregnancy due to medical negligence, an erb's palsy law firms Palsy settlement could help you pay for their care. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a judge might overturn a decision made by jurors. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement prior to the trial beginning.

If you are unable to reach an agreement, the case will be sent to arbitration. A neutral third party will hear both sides and decide who will win the case. The hearing may be more informal than a trial, however it's crucial to present witnesses and evidence in the proceedings.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses present at the hearing in person, or they can give their testimony through video conference. You must ensure that all your witnesses are aware they will be required to appear at the hearing by submitting subpoenas prior to the hearing. Additionally, you should have your witnesses' addresses and phone numbers in case in case they're called as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through intensive daily physical therapy. Some will require surgery to repair sprained or damaged nerve fibers. A large number of children are not able to recover and will have to live their lives with the effects of this birth injury. Parents who believe that their child's Erb's palsy was the result of negligence in the delivery process have the right claim an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create the lifetime cost of living estimate. This determines the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer will also help you get copies of your child's medical records and determine if the doctor responsible for your child's birth had a history of similar malpractice cases.

When your lawyer has a good knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal proceeding since it allows both sides to build their arguments. It can take up to an entire year before you can negotiate a settlement.

Settlement

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

Your lawyer will need evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records, witness statements as well as expert testimony. After your lawyer has gathered the evidence, he or she will make a claim against the defendants. They are typically the medical professionals who gave your child. The defendants are then given a certain period of time to respond. In the discovery phase, each side will gather evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial due to the fact that it's more cost-effective for everyone involved. However, if your attorney is confident that they will prevail in court, they might decide to take the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice and can help increase awareness in order to prevent these types of injuries from occurring in the future. If the verdict isn't favorable you may appeal. The process could take longer, but can increase the amount you are awarded.