albany erb's palsy law firm Palsy Litigation

The legal process in the aftermath of your child's brachial-plexus injury can bring your family and you closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

If you are successful in your lawsuit, your family will be awarded compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's palsy litigation procedure.

The Legal Process

The most popular reason for families to pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement depends on your child's specific case and the extent of their injuries, however, it can easily rise to the thousands of dollars.

Many of the lawsuits involving Erb's Psy settle without court. The lawyers for both plaintiff and the defendant will work together to find an acceptable settlement to both parties. This could speed up the legal process by a significant amount and save your family from having a judge or jury decide on their case. If your family is unable to reach a settlement, you will need to go to court. It can take a long time, but it could also result in a bigger award.

The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head, shoulders or arms during labor and delivery -for example, when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to raise awareness about this birth injury that could have been prevented. In the past, these lawsuits have helped families receive an appropriate settlement in order to ensure their child's future.

Mediation or Arbitration

If your child was injured during the womb by medical negligence and vimeo was later diagnosed with brachial palsy, an pompano beach erb's palsy law firm Palsy settlement can help you cover the cost of their treatment. This could include therapy, treatment, assistive devices, and surgeries.

Many lawsuits are settled outside of court. This allows plaintiffs to get compensation faster and avoids the possibility that a judge could reverse a verdict given by a jury. Your lawyer and hospital's lawyers are likely to seek a settlement prior to when the trial gets underway.

If you are unable to agree to a settlement, your case will proceed to arbitration. This means that a neutral third party will listen to both sides and decide who will win the case. This kind of hearing could be more informal than a trial, but it's crucial to present witnesses and evidence for the proceedings.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can choose to invite your witnesses to attend the hearing or provide their statements using video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas before the hearing. Keep your witnesses' numbers and addresses in the file in case you need to contact them for witnesses in the future.

A complaint to the court

Many children suffering from Erb's palsy are able to overcome physical limitations by regular physical therapy. Some children may require surgery to repair damaged nerve fibers. A large number of children will never recover and have to live their lives with the consequences of this birth injury. Parents who believe that their Erb's palsy in their child was due to medical negligence during the birth process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors who are experts in treating this condition. They will create an annual cost of living estimate. This determines the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records, and also determine whether or not the doctor who performed surgery on your child had a previous history of malpractice cases.

Once your lawyer has identified the harms your child has suffered then she will file a lawsuit against the defendants. Both parties will go through the discovery phase which involves exchanging evidence like expert opinions, depositions, additional medical records and more. This is a crucial part of your legal defense because it allows you to develop your arguments. Settlements can take up to one year.

Settlement

When your barrington hills erb's palsy lawsuit palsy lawsuit is successful, your lawyer may be able to secure compensation that covers medical costs and future treatment costs including adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need to collect evidence to prove the malpractice that caused the brachial plexus injury to your child that could include medical documents, witness statements, and expert testimony. Once your attorney has gathered the evidence, they will file the lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants will then be given a specific amount of time to respond to the lawsuit, and during this discovery phase each side will gather additional evidence to back their claims.

Most lawsuits are settled outside of court instead of going to trial since it is cheaper for everyone involved. If your lawyer is confident that they will prevail in court, they could decide to pursue the case all the way to a verdict by a jury. A successful verdict will provide families with a sense of justice and help educate people about how to avoid any future birth injuries. If the verdict you receive is not favorable, you can appeal. This process may take longer, but can increase the amount you are awarded.