Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may help you and your family to find closure. However, the litigation process is complex and requires expert legal representation.

If you win your lawsuit, your family could be awarded compensation for the medical bills of your child and future treatment. Learn more about the port washington erb's palsy lawyer syndrome lawsuit process.

The Legal Process

Families file Erb's-Palsy lawsuits to obtain reimbursement for medical expenses and other expenses. The amount of money that is awarded in a settlement is contingent upon the particular situation of your child as well as the severity of their injuries, but can easily soar into the millions of dollars.

Many of the lawsuits involving dover erb's palsy attorney Psy are settled out of court. The lawyers representing both the plaintiff and defendant will work together to find an agreement that is acceptable to both parties. This could cut down the legal process by a significant amount and spare your family from having a judge or jury decide the case. If your family is unable to agree on a settlement and you are unable to reach a settlement, you must appear in the court. This could take a long amount of time, but could also result in a bigger amount.

The brachial nerves control the movement of the arm. Forceful pulling on the head, neck, shoulders or arms during labor and delivery -- such as when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. The injury is often avoidable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to create awareness about the birth injury that could have been avoided. In the past, these lawsuits helped families get an affordable financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured in the womb because of medical negligence and has suffered brachial paralysis, an Erb's Palsy settlement can help you pay for their treatment. This may include therapy, treatment as well as assistive devices and surgeries.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and hospital attorneys will most likely attempt to reach an agreement before the trial begins.

If you are not able to reach an agreement, the case will be referred to arbitration. This means that a neutral third party will hear both sides and determine who will win the case. This kind of hearing could be more informal than a trial, but it is important to provide witnesses and evidence for the hearing.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can invite your witnesses to attend the hearing or give statements via videoconferencing. Subpoenas must be sent in advance to all witnesses to ensure that they are aware the requirement to be present at the hearing. Keep the numbers of your witnesses and addresses in the file in case you have to call them as witnesses in the future.

Complaint to the Court

Many children who suffer from the condition bixby erb's palsy law firm-Palsy can overcome their physical limitations with intensive daily physical therapy. Some children will need surgery to repair torn nerve fibers. A large percentage of children are not able to recover and will have to live suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

To determine the worth of your case, your lawyer will work with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This helps determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of the medical records for your child and determine if the doctor involved in the birth of your child had previous malpractice cases.

When your lawyer has a solid understanding of your child's injuries 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 a vital part of the legal process since it allows both sides to build their arguments. It can take up to an entire year before you can settle a case.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer might be able obtain compensation to pay for medical expenses as well as future treatment costs. adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer must gather evidence to prove the mistake that led to your child's brachial plexus injury which could include medical documents, witness statements, and expert testimony. Once your lawyer has collected the evidence, they will make a claim against the defendants. These are usually the medical professionals that delivered your child. The defendants are then given a specific amount of time to respond. During this discovery phase the parties will gather evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial, as it's more cost-effective for the parties involved. If your attorney is confident that they will prevail in the case at trial they may decide to try to get an appeal to a jury verdict. A successful verdict could bring families a sense that justice has been done and raise awareness about how to prevent future birth injuries. If your verdict isn't favorable you can appeal. This process may take longer, but can increase the amount you receive.