Erb’s Palsy Litigation

Legal action following your child’s injury to the brachial plexus could aid you and your family get closure. The process of litigation is complicated and requires a skilled lawyer.

If you are successful in your lawsuit, your family can be awarded compensation for the medical bills of your child and future treatment. Find out more about the Erb’s palsy lawsuit process.

The Legal Process

Families file lawsuits against Erb’s palsy to seek reimbursement for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on the specific situation of your child and the severity of their injuries however, it can easily rise to the millions of dollars.

Many of the Erb’s Palsy lawsuits are settled without court. The lawyers of both the plaintiff and defendant collaborate to reach an acceptable settlement to both parties. This can shorten the legal process considerably and save your family from having a jury or judge decide the case. If your family is unable reach a settlement the family will have to go to the court. This could take a long time but it could also result in a larger award.

The brachial plexus is a set of nerves which control movement in the arm. Forcing the neck, head, shoulders or arms during labor and delivery- such as when doctors make use of forceps or vacuum extractors in excess — can damage these nerves and cause Erb’s palsy. In many cases, this injury is preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to create awareness of the birth injury that could have been prevented. In the past these lawsuits have helped families obtain an affordable financial settlement and help their child get back on course.

Arbitration or Mediation

If your child was injured during the womb due to medical negligence, and suffered from brachial palsy, an Erb’s Settlement for palsy could help you cover the cost of their treatment. This could include treatment, therapy, assistive devices, and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court in the future reversing a jury’s verdict. Your lawyer and hospital’s lawyers will probably attempt 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 an impartial third party will take in both sides and determine who will win the lawsuit. The hearing may be more informal than a trial, but it is crucial to present physical evidence and witnesses for the hearing.

You will also require copies of all legal documents and witnesses to appear at the hearing. Witnesses are able to present at the hearing in person, or Erb’s palsy lawsuits you can submit their statements via video conferencing. You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas before the hearing. You should also keep the names of witnesses’ telephone numbers and addresses in the file in case you have to contact them for an upcoming witness.

Complaints in the Court

Many children suffering from Erb’s Palsy can overcome physical limitations with regular physical therapy. Some children may require surgery to repair damaged nerve fibers. Many children are never able to recover and must continue to live suffering from the effects of this birth injury. Parents who believe that their Erb’s palsy in their child was due to negligence by a medical professional during the birth process are entitled to claim fair compensation for erb’s Palsy lawsuits their child’s injuries.

To establish the value of your case, your lawyer will work with doctors who specialize in treating these conditions to create a cost-of-living estimate. This will help you determine the amount of compensation you’re entitled to from your Erb’s settlement for palsy. Your lawyer will also help you obtain copies of your child’s medical records and investigate whether the doctor who was involved in the birth of your child had previous malpractice cases.

If your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase, which includes exchanging evidence like expert opinions, depositions, additional medical documents and more. This is a crucial part of your legal argument because it allows you to build your case. Settlements can take as long as one year.

Settlement

When your erb’s palsy law firms palsy lawsuit is successful, your lawyer could be able get compensation that covers 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 life.

Your lawyer will need evidence to prove that malpractice caused the brachial plexus injury in your child. This may include medical records and witness statements as well as expert testimony. Once your lawyer has collected the evidence, he or she will make a claim against the defendants. These are usually the medical professionals that gave your child. The defendants will then be given a specified amount of time to respond. During this discovery phase, each side will gather evidence to back up their claims.

Most lawsuits are settled out of court instead of going to trial because it is more cost-effective for all parties involved. If your attorney is convinced that they’ll win the case in court, they might decide to go to a jury verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and can help increase awareness and prevent these types of injuries from happening in the future. If your verdict is not favorable to you then you may appeal the decision. While this process can take longer but it also can increase the amount of the compensation you receive.