Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family to find closure. However, the process of litigation is complex and requires skilled legal representation.

If you prevail in your lawsuit, your family can be awarded compensation for the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's-Palsy lawsuit process.

The Legal Process

The most popular reason for families to bring an Mount arlington erb's palsy lawsuit palsy suit is to obtain 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 specific situation. It can easily reach millions of dollars.

Many of el reno erb's palsy lawyer lawsuits involving palsy are settled out of court. Lawyers for the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can significantly speed up the legal process, and also prevent your family from facing a judge or jury. If your family members are unable to agree on a settlement then you'll need to go to the court. This can also take a long time, however, it could result in a higher amount.

The brachial nerves control the movement of the arm. During labor and delivery, excessive forceful pulling of the head, neck or shoulders or on the arms, can cause nerve damage, resulting in Erb's Palsy. This condition is usually prevented. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also wish to spread the word about this birth injury which could have been avoided. In the past these lawsuits helped families secure an appropriate financial settlement to help their child get back on the right track.

Arbitration or Mediation

If your child suffered an injury to the brachial area during the womb as a result of medical negligence, an Erb's settlement can help you to pay for the care. This may include treatment, therapy as well as assistive devices and operations.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will most likely attempt to reach an agreement before the trial gets underway.

If you are not able to reach an agreement, the case will be referred to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. The hearing may be more informal than a trial, however it is crucial to present witnesses and evidence in the proceedings.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to have your witnesses attend the hearing or give statements using video conferencing. You must ensure that all your witnesses are aware that they must attend the hearing by submitting subpoenas before the hearing. You must also keep your witnesses' phone numbers and addresses on file, in case you have to contact them for an upcoming witness.

Complaint in Court

Many children who suffer from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some may require surgery to repair torn or damaged nerve fibers. A large number of children do not recover and are forced to live suffering from the effects of this birth injury. Parents who believe that their child's Erb's palsy was due to negligence by a medical professional during the birth process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child.

To determine the value of your case the lawyer will work with doctors who specialize in treating these ailments to develop a lifetime 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 the medical records for your child and determine if the doctor involved in the birth of your child had prior experience with similar malpractice cases.

If your lawyer has a thorough 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 includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal case as it allows you to develop your arguments. It can take up to an entire year to negotiate a settlement.

Settlement

If your Erb's palsy lawsuit is a success the lawyer may be able obtain compensation to pay for medical costs, future treatment costs and adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the brachial plexus injury in your child. This may include medical records and witness statements as well expert testimony. Once your lawyer has collected the evidence, they will file a lawsuit against the defendants. They are typically the medical professionals that provided your child with. The defendants are then given a specific time frame to respond. In the discovery phase each side will gather evidence to back up their claims.

Most lawsuits are settled out of court rather than going to trial as it is more cost-effective for everyone involved. However, if your attorney is confident they can win at trial, they may choose to take the case all the way to the verdict of a jury. A successful verdict can give families a sense justice and help spread awareness about how to prevent future birth injuries. However, if your verdict is not in your favor, you can appeal the decision. This could take a bit longer, but can increase the amount you receive.