erb's palsy lawyers Palsy Litigation

In the aftermath of your child's brachial injury can bring your family and you closure. The process of suing can be complex and requires an experienced lawyer.

If you win your lawsuit, your family will receive compensation for Erb's medical bills of your child as well as future treatment. Find out more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file lawsuits against Erb's palsy to seek compensation for medical expenses and other expenses. The amount of money awarded depends on the severity of your child's injuries as well as the particular case. It could easily reach millions of dollars.

Many of the Erb's Palsy lawsuits have been settled without court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can significantly speed up the legal process, and also prevent your family from having to go before jurors or judges. However, if your family cannot agree on an agreement, you'll have to go to trial. It can take a long time but it could also result in a bigger award.

The brachial plexus is a group of nerves which control movement in the arm. When you are pregnant, excessive forceful pulling of the neck, head, or shoulders, or on arms, could result in damage to these nerves and cause Erb's palsy. This condition is usually preventable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to raise the word about this birth injury that could have been avoided. In the past the lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child was injured by an injury to the brachial plexus during birth due to medical negligence, an Erb's settlement could help you pay for his or her treatment. This may include therapy, treatment, assistive devices, and operations.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and the hospital attorneys will most likely attempt to reach an agreement before the trial starts.

If you are unable to reach an agreement, your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This type of hearing is more informal than a court trial but it is essential to have witnesses present and physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. You may either have your witnesses attend the hearing or provide their statements using video conferencing. Subpoenas should be sent in advance to all witnesses to ensure they are aware of the requirement to be present at the hearing. You should also keep your witnesses' numbers and addresses on file in case you need to contact them for an upcoming witness.

Complaints in the Court

Many children suffering from Erb's palsy can overcome their physical limitations with intensive daily physical therapy. Some children require surgery to repair the torn nerve fibers. Many children will never recover and have to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

To establish the value of your case your lawyer will collaborate with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor responsible for your child's birth had a history of similar malpractice cases.

When your lawyer has a thorough knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will undergo the discovery phase which involves exchanging evidence such as expert opinions, depositions, additional medical documents and more. This is a crucial part of your legal action because it gives both sides the chance to construct their arguments. Settlements can last for up to one year.

Settlement

If your Erb's-Pallsy lawsuit is successful the lawyer may be able obtain compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices, as well as physical therapy. You could be awarded damages for emotional trauma or loss of quality of living.

Your lawyer will require evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records and witness statements as well as expert testimony. Once your lawyer has collected the evidence, they will make a claim against the defendants. They are typically the medical professionals that delivered your child. The defendants will then be given a specified period of time to respond. During this discovery phase each side will collect evidence to back up their claims.

Most lawsuits are settled out of court instead of going to trial because it is cost-effective for everyone involved. If your attorney is convinced that they will win the case in court it could be decided to pursue it to the jury for a verdict. A successful verdict could provide families with a sense of justice and raise awareness about ways to avoid future birth injuries. If your verdict is not favorable, you can appeal. Although this process may take longer but it also can increase the amount of the amount you are awarded.