Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family could receive compensation for the medical expenses of your child and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most popular reason for families to file an coachella erb's palsy law firm palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the particular situation of your child as well as the extent of their injuries, however, it can easily rise to the millions of dollars.

Many of Erb's lawsuits involving palsy are settled out of court. The lawyers of both the plaintiff and the defendant will work together to find a settlement that is acceptable to both parties. This can shorten the legal process significantly and prevent your family from having a jury or judge decide on their case. If, however, your family members are unable to agree on a settlement you will have to go to trial. This can take a long time but it can also potentially result in a higher amount.

The brachial area is a group of nerves that regulate movement within the arm. The forceful pulling of the neck, head shoulders or arms during labor and birthlike when doctors make use of forceps or vacuum extractors excessively -- can cause damage to the nerves and cause Erb's palsy. In many cases, this injury is preventable. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also wish to raise awareness about the birth injury that could have been avoided. In the past, these lawsuits have helped families secure an appropriate financial settlement to help their child get back on the right track.

Arbitration or Mediation

If your child was injured in the womb due to medical negligence and has suffered brachial sprains, an Erb's settlement for palsy can help to pay for their medical treatment. This could include therapy, treatment, assistive devices, and surgeries.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's attorneys will likely attempt to reach an agreement before the trial gets underway.

If you're not able to reach a settlement the case will go to arbitration. A neutral third party will consider both sides and Menlo Park erb's palsy attorney decide who will win the case. This kind of hearing could be more informal than a trial, but it is crucial to present witnesses and evidence in the proceedings.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to present at the hearing in person, or they can give their testimony via video conferencing. You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have the addresses of your witnesses and phone numbers on file in case they are called as witnesses in the future.

Complaints in the Court

Many children suffering from terrell Hills erb's Palsy lawyer Palsy can overcome physical limitations through intense physical therapy every day. Some will require surgery to repair torn or separated nerve fibers. However, a significant proportion of children will not recover in any significant way and will be forced to live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

To determine the worth of your case the lawyer will work with specialists in treating these conditions to create a cost-of-living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also help you obtain copies of your child’s medical records, and also determine whether or not the doctor who delivered your child had a previous medical malpractice case.

If your lawyer has a clear understanding of the harms your child has suffered she will bring a lawsuit against the defendants. Both sides will go through the discovery process which involves exchanging evidence such as expert opinions, depositions medical documents and more. This is an essential part of your legal defense because it allows you to build your case. It can take up an entire year before you can negotiate a settlement.

Settlement

If your Erb's palsy suit is successful, your lawyer may be able to get compensation to cover medical costs and future treatment costs including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to gather evidence to prove the negligence that caused the brachial plexus injuries to your child which could include medical records, witness statements, and expert testimony. After your lawyer has collected the evidence, they will file the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants will be given a specified amount of time to reply to the suit, and during this discovery stage each side will gather more evidence to support their claims.

Most lawsuits are settled outside of court, rather than going to trial because it is more cost-effective for everyone involved. However, if your attorney is confident that they will prevail in court, they could decide to take the case to a verdict by a jury. A successful verdict can give families 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 could take a bit longer, but it could increase the amount you receive.