Erb's Palsy Litigation

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

If you win your lawsuit, your family can be awarded compensation for the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's syndrome lawsuit procedure.

The Legal Process

Families file buffalo erb's palsy attorney Palsy lawsuits to obtain compensation for medical costs and other expenses. The amount of money that is awarded in a settlement is contingent upon the specific situation of your child and the extent of their injuries, but it can easily go into the thousands of dollars.

Many of Erb's lawsuits involving palsy are resolved outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can speed up the legal process dramatically and keep your family from having a jury or judge decide on their case. If your family members are unable to agree on a settlement the family will have to go to the court. This can also take a long time, however, it could result in a bigger award.

The brachial nerves regulate the movement of the arm. During labor and birth excessive forceful pulling of the neck, head or shoulders, or on arms, could cause damage to these nerves, leading to Erb's Palsy. In many cases, this injury is preventable. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about this birth injury which could have been prevented. In the past the lawsuits have helped families secure a fair financial settlement and get their child's life back on path.

Mediation or Arbitration

If your child sustained an injury to the brachial plexus in the womb due to medical negligence, an valdosta erb's palsy Law firm Palsy settlement can help to pay for the treatment. This could include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle out of court. This allows plaintiffs to get compensation faster and eliminates the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and the hospital's lawyers will most likely try to reach an agreement before the trial begins.

If you are unable to reach a settlement the case will be taken to arbitration. This means that a neutral third party will hear both sides and decide who will win the case. This hearing is more informal than a court trial however, it is crucial to present witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. Witnesses can present at the hearing in person or they can give their testimony via video conference. Subpoenas must be issued in advance to all witnesses in order they are aware of the requirement to be present at the hearing. In addition, you must have your witnesses' addresses and telephone numbers on file in case they are called to testify in the future.

Complaints in Court

Many children who suffer from Erb's Palsy can overcome physical limitations through daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. However, a substantial proportion of children will not recover to a significant degree and will have to live with the handicapping effects of this birth injury for the rest of their life. Parents who believe their child's Erb's palsy was due to medical negligence during the delivery process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who specialize in treating this condition to produce an estimated cost of living for life estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer can also assist you obtain copies of your child’s medical records and determine whether or not the doctor who performed surgery on your child's diagnosis had a prior experience of malpractice.

Once your lawyer has identified the injuries of your child she will bring a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of your legal proceeding because it allows both sides to present their case. It could take up to an entire year before you can reach a settlement.

Settlement

If your willard erb's palsy law firm Palsy lawsuit is successful, your lawyer could be able to obtain compensation that covers medical expenses and future treatment costs including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial nerve in your child. This could include medical records as well as witness statements, as well as expert testimony. After your lawyer has gathered this evidence, they'll bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a set time frame to respond. In this discovery phase each side will collect evidence to back up their claims.

Most lawsuits are settled outside of court rather than going to trial, since it's more cost-effective for pittsburg erb's palsy lawsuit all parties involved. However, if your attorney believes they will win in court, they might decide to take the case to the verdict of a jury. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and help raise awareness to prevent these types of injuries from happening in the future. If, however, your verdict is not favorable to you it is possible to appeal the decision. This procedure could take longer, but it will increase the amount you receive.