erb's palsy lawyer Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family members find closure. The litigation process can be complicated and requires an experienced lawyer.

A successful lawsuit could award your family members compensation for your child's medical bills as well as future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the particular case. It could easily amount to millions of dollars.

Many erb's palsy lawsuits - http://s40.cubecl.com/bbs/board.php?bo_table=info&wr_id=64833, are settled out of court. The lawyers representing both the plaintiff and defendant will collaborate to reach an acceptable settlement to both parties. This can speed up the legal process by a significant amount and spare your family from having a judge or jury decide the case. However, if the family cannot agree on an agreement, you'll have to go to trial. This can take a long time but it can also potentially result in a bigger award.

The brachial area is a group of nerves that regulate movement in the arm. A forceful pull on the head, neck, arms or shoulders during labor and birthsuch as when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves and cause Erb's palsy. The injury is often avoidable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also wish to spread awareness about this birth injury which could have been avoided. In the past these lawsuits helped families secure an affordable financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child suffered an injury to the brachial area in the womb due to medical negligence, an Erb's palsy settlement can help you pay for his or her care. This could include therapy, surgery as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital's lawyers will most likely try to come to an agreement before the trial gets underway.

If you fail to reach an agreement, your case will be taken to arbitration. This means that an impartial third party will be able to hear both sides and decide who will win the case. This type of hearing is more informal than a court case, however it is vital to present witnesses and other physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. You may either invite your witnesses to attend the hearing or submit their statements via videoconferencing. Subpoenas should be sent in advance to all witnesses in order they are aware the requirement to attend the hearing. Additionally, you must have their addresses and contact numbers on file in case they're called as witnesses in the future.

Complaint in the Court

Many children who suffer from Erb's Palsy can overcome their physical limitations with daily physical therapy. Some children require surgery to repair the torn nerve fibers. However, a significant number of children are not able to recover in any significant way and must live with the handicaps of this birth injury for the rest of their lives. Parents who believe their child's Erb's syndrome was the result of negligence in the delivery process have the right to claim fair compensation for their child's injuries.

To determine the worth of your case your lawyer will collaborate with doctors who are experts in treating these ailments to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor involved in the birth of your child had an history of similar malpractice cases.

Once your lawyer has a solid knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase which includes exchanging evidence such as expert opinions, depositions and medical records and more. This is an important part of your legal defense because it allows you to build your case. Settlements can last up to one year.

Settlement

If your lawsuit against Erb's Palsy is a success, your lawyer might be able obtain compensation to cover medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You could be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will require evidence to show that malpractice caused the brachial plexus injury in your child. This may include medical records and witness statements as well as expert testimony. After your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants will then be given a specified amount of time to respond to the lawsuit. during this discovery phase, both sides will gather additional evidence to support their assertions.

Most lawsuits settle out of court rather than going to trial, because it's more cost-effective for the parties involved. If your lawyer is confident that they can win the case at trial, they might decide to try to get the jury for a verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and can help increase awareness to prevent these types of injuries from happening again in the future. However, if the verdict is not in your favor it is possible to appeal the decision. This process may take longer, but it can increase the amount you are awarded.