erb's palsy law firms Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family get closure. However, the process of litigation is complex and requires skilled legal representation.

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

The Legal Process

The most common reason for families to bring an Erb's palsy suit is to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon the particular situation of your child as well as the extent of their injuries, but it can easily go into the millions of dollars.

Many of the Erb's Palsy lawsuits settle out of court. The lawyers for both plaintiff and defendant will collaborate to negotiate an agreement that is acceptable to both parties. This could cut down the legal process significantly and prevent your family from having a jury or judge decide the case. If your family is not able to come to a deal then you'll need to go to court. This could take a long amount of time, however it can also result in a larger settlement.

The brachial area is a group of nerves which control movement within the arm. Forcing the neck, head arms or shoulders during labor and birth- such as when doctors employ forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. This type of injury is usually avoidable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to create awareness of the birth injury that could have been avoided. In the past these lawsuits have helped families obtain an equitable financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured during the womb as a result of medical negligence, and suffered from brachial paralysis, an Erb's Palsy settlement can help you pay for their care. This could include therapy, treatment as well as assistive devices and surgeries.

Many lawsuits are settled outside of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will most likely attempt to reach an agreement before the trial begins.

If you are not able to reach an agreement, your case will be referred to arbitration. This means that a neutral third party will listen to 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.

You will also require copies of all legal documents and witnesses to be present at the hearing. You can have witnesses present at the hearing in person, or you can submit their statements through video conference. Subpoenas should be sent in advance to all witnesses to ensure they are aware of the requirement that they attend the hearing. In addition, you must have the addresses of your witnesses and phone numbers in case in the event that they are needed as a witness in the future.

Complaint in Court

Many children with Erb's -Pallsy are able to overcome physical limitations by regular physical therapy. Some children may require surgery to repair the torn nerve fibers. However, a large percentage of children don't recover to a significant degree and will be forced to live with the handicaps of this birth injury for life. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child’s medical records, and look into whether or not the doctor Erb's palsy who performed surgery on your child's care had a history of malpractice cases.

If your lawyer has a clear understanding of the harms your child has suffered, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal argument because it allows you to build your case. It can take up to one year to reach a settlement.

Settlement

If your Erb's palsy lawsuit is successful your lawyer could be able to get compensation to cover medical expenses as well as future treatment costs. adaptive devices along with physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need to gather evidence to prove error that caused your child's brachial-plexus injury, which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered this evidence, they will make a claim against the defendants, who are usually the medical professionals who gave your child. The defendants will then be given a certain amount of time to respond to the lawsuit, and during this discovery phase both sides will gather additional evidence to prove their claims.

Most lawsuits are settled out of court rather than going to trial because it is more cost-effective for all parties involved. If however, your attorney believes they will win in court, they could decide to pursue the case to a verdict by a jury. A successful verdict will give families a sense justice and increase awareness of ways to avoid future birth injuries. If the verdict you receive is not favorable you can appeal. This could take a bit longer, but it could raise the amount you receive.