Erb's Palsy Litigation

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

If you win your lawsuit, your family will receive compensation for medical bills of your child and future treatment. Read on to learn more about the erb's palsy law firm Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical costs and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the specific situation. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This could cut down the legal process considerably and save your family from having a judge or jury decide the case. If, however, your family members are unable to agree on an agreement, you'll have to go to trial. This could take a long time but it could also result in a higher award.

The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling on the head, neck or shoulders or on the arms can result in damage to these nerves and cause Erb's Palsy. In many cases, this injury is preventable. Families seek to make negligent healthcare providers accountable for the harm they cause. They also wish to spread awareness about the birth injury that could have been avoided. In the past, these lawsuits have helped families receive an affordable financial settlement to help their child's future.

Mediation or Arbitration

If your child has suffered a brachial plexus injury during birth due to medical negligence, an Erb's Palsy settlement can help you pay for his or her care. This could include treatment, therapy, assistive devices, and procedures.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a court overturning a jury verdict. Your lawyer and hospital's lawyers will probably seek to negotiate a settlement prior to the trial beginning.

If you are unable to reach an agreement, your case will be taken to arbitration. This means that a neutral third party will hear both sides and determine who wins the lawsuit. This hearing is more informal than a court trial however it is vital to present witnesses and other physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses attend the hearing in person or you can present their testimony through video conference. Subpoenas need to be sent in advance to all witnesses to ensure they are aware of the requirement that they attend the hearing. You should also keep your witnesses' numbers and addresses on file in case you have to contact them as an upcoming witness.

A complaint to the court

Many children with Erb's Palsy are able to overcome physical limitations by intense physical therapy every day. Some children will require surgery to repair the torn nerve fibers. However, a substantial proportion of children are not able to recover in any significant way and will have to live with the handicapping effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to fair compensation.

Your lawyer will work with doctors that specialize in treating this condition to develop the lifetime cost of living estimate. This helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records, and look into whether or not the doctor who treated your child's diagnosis had a prior history of malpractice cases.

When your lawyer is aware of the injuries of your child she will make a claim against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an important part of your legal argument because it helps you build your case. It can take up to an entire year to reach a settlement.

Settlement

If your Erb's palsy lawsuit is a success your lawyer might be able obtain compensation to cover medical expenses for future treatment, future costs for treatment and adaptive devices, as well as physical therapy. You could be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well expert testimony. Once your lawyer has gathered the evidence, they will make a claim against the defendants. These are usually the medical professionals that have delivered your child. The defendants will be given a certain amount of time in which to respond to the lawsuit. during this discovery phase both sides will collect more evidence to support their assertions.

Most lawsuits are settled outside of court instead of going to trial due to the fact that it is cheaper for everyone involved. If your lawyer is confident that they can win the case at trial they may decide to try to get the jury. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice and help raise awareness to prevent these types of injuries from occurring in the future. If the verdict you receive is not favorable you can appeal. While this process could take more time but it also can increase the amount of compensation you receive.