Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can bring you and your family closure. The process of litigation can be complicated and requires a skilled lawyer.

A successful lawsuit could grant your family compensation for daywell.kr your child's medical expenses and future treatment. Find out more about the Erb's Palsy lawsuit process.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on your child's specific case and the severity of their injuries but can easily soar into the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This could cut down the legal process considerably and save your family from having a jury or judge decide on their case. If, however, your family is unable to reach the terms of settlement, you'll need to go to trial. This can take a considerable amount of time, however it can also result in a bigger award.

The brachial plexus is a group of nerves which control movement within the arm. The forceful pulling of the neck, head shoulders or arms during labor and Law birthsuch as when doctors make use of forceps or vacuum extractors excessively -- can damage these nerves and cause bay harbor islands erb's palsy attorney palsy. In many instances, the injury can be prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise awareness about this birth injury that could have been avoided. In the past, these lawsuits have helped families get an equitable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child was injured by 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 treatment. This could include therapy, treatment, assistive devices, and surgeries.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and the hospital's lawyers will likely attempt to reach an agreement prior to the trial starts.

If you fail to reach an agreement, your case will be referred to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the lawsuit. The hearing may be more informal than a trial, but it's important to present physical evidence and witnesses for the proceedings.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can either have your witnesses attend the hearing or provide their statements through video conferencing. You must ensure that all your witnesses are aware they are required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have your witnesses' addresses and telephone numbers on file in case they are required to appear as a witness in the future.

Complaints in the Court

Many children suffering from Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. However, a significant proportion of children are not able to recover in any way and must live with the effects of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

To determine the value of your case, your lawyer will work with specialists in treating these ailments to come up with a lifetime cost-of living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor responsible for the birth of your child had previous malpractice cases.

If your lawyer has a solid knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal proceeding because it allows both sides to present their case. It can take as long as an entire year before you can settle a case.

Settlement

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

Your lawyer will have to gather evidence to prove the error that caused the brachial plexus injury to your child and may include medical documents, witness statements, and expert testimony. After your lawyer has gathered this evidence, they'll file the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants will then be given a specific amount of time in which to respond to the lawsuit, and during the discovery phase both sides will collect additional evidence to prove their assertions.

Most lawsuits are settled out of court instead of going to trial, as it's more cost-effective for the parties involved. If your lawyer believes they will win in court, they could decide to pursue the case all the way to the verdict of a jury. A successful verdict in a birth injury lawsuit can give families a sense of justice, and also help to raise awareness to prevent these types of injuries from happening again in the future. If your verdict is not favorable you may appeal. While this process can take more time however, it could also increase the amount of the amount you are awarded.