Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family find closure. The litigation process can be complex and requires an experienced lawyer.

A successful lawsuit could award your family compensation for child's medical expenses and future treatment. Read on to learn more about the pittsburg erb's palsy law firm palsy lawsuit process.

The Legal Process

The most frequent reason families bring an Erb's palsy suit is to seek compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries and the particular case. It could easily amount to millions of dollars.

Many of the Erb's Palsy lawsuits settle without court. Lawyers representing the plaintiff and defendant work together to reach an agreement that pleases both parties. This can shorten the legal process dramatically and spare your family from having a jury or judge 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 could also result in a higher award.

The brachial area is a group of nerves that control movement in the arm. During labor and delivery excessive forceful pulling of the neck, head, or shoulders or on the arms, can damage these nerves, causing Erb's Palsy. This condition is usually avoidable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness of this birth injury that could have been prevented. In the past these lawsuits helped families secure an affordable financial settlement that helped their child's future.

Mediation or Arbitration

If your child sustained an injury to the brachial plexus during pregnancy due to medical negligence, an madison erb's palsy lawsuit settlement can help you pay for their care. This may include treatment, therapy, assistive devices, and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a court could overturn a verdict awarded by a jury. Your lawyer and the hospital's lawyers will most likely try to come to an agreement before the trial gets underway.

If you cannot reach an agreement, the case will be taken to arbitration. A neutral third party will consider both sides and decide who will win the case. This type of hearing is more informal than a court trial, however it is vital to provide witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can attend the hearing in person, or you can provide their statements through video conferencing. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas prior to the hearing. In addition, you must have the addresses of your witnesses and phone numbers on file in case they are required to appear as witnesses in the future.

Complaint to the Court

Many children suffering from Erb's palsy can overcome their physical limitations with intensive daily physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a large percentage of children do not recover in any way and must live with the handicapping effects of this birth injury for the rest of their life. Parents who believe that their child's Erb's paralysis was due to medical negligence during the birth process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors that specialize in treating this condition to create an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer will also help you get copies of your child's medical records and investigate whether 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 sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal action because it allows both sides to present their case. Settlements can last for up to one year.

Settlement

If your lawsuit for kerrville erb's Palsy lawyer palsy is successful, your lawyer may be able get compensation to cover medical expenses and future costs for treatment which include adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will have to collect evidence to prove the mistake that led to the brachial plexus injury to your child which could include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they'll bring the lawsuit against the defendants, who are typically the medical professionals who delivered your child. The defendants are given a certain period of time to respond to the suit, and during the discovery phase both sides will collect additional evidence to back their claims.

Most lawsuits are settled out of court rather than going to trial since it is cheaper for Hollister Erb's Palsy Law Firm all parties involved. If however, your attorney believes that they can win in court, they could decide to pursue the case all the way to the verdict of a jury. A successful verdict will give families a sense justice and help spread awareness about ways to avoid future birth injuries. If your verdict is not favorable to you it is possible to appeal the decision. While this procedure can take longer however, it could also increase the amount of compensation you receive.