Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family to find closure. The litigation process can be complicated and requires a skilled lawyer.

If you are successful in your lawsuit, your family may receive compensation for medical bills of your child and future treatment. Find out more about Erb's palsy lawsuit procedure.

The Legal Process

Families file lawsuits against Erb's palsy to obtain the cost of medical treatment and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific case. It could easily reach millions of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and defendant come together to negotiate a settlement that is acceptable to both parties. This can significantly shorten the legal process and prevent your family from having to appear before jurors or judges. If your family is unable agree on a settlement the family will have to go to court. This can take a considerable amount of time, but could also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling of the neck, head, shoulders, or on the arms, can cause nerve damage, resulting in Erb's Palsy. This type of injury is usually prevented. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about this birth injury which could have been avoided. In the past, these lawsuits helped families get an equitable financial settlement to help their child's future.

Arbitration or Mediation

If your child suffered an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's Palsy settlement could help you pay for his or her care. This could include treatment, therapy as well as assistive devices and operations.

Many lawsuits settle outside of court. This allows plaintiffs to get compensation faster and eliminates the possibility that a judge could invalidate a verdict handed down by jurors. Your lawyer and hospital attorneys will most likely 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. A neutral third party will hear both sides and decide who wins the case. This type of hearing can be more informal than a trial, but it's crucial to present witnesses and evidence to the proceedings.

You will also require copies of all legal documents and witnesses to appear at the hearing. You may either witness your witnesses attend the hearing or submit their statements via videoconferencing. You must ensure that all witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. Keep the names of witnesses' telephone numbers and addresses on file in case you have to contact them for a future witness.

Complaints in Court

Many children suffering from houghton erb's palsy lawyer Palsy can overcome physical limitations with regular physical therapy. Some children will need surgery to repair damaged nerve fibers. However, a substantial proportion of children don't recover in any way and must live with the handicapping effects of this birth injury for life. Parents who believe that their child's port washington erb's palsy lawsuit 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.

To determine the value of your case your lawyer will collaborate with doctors who specialize in treating these ailments to develop a life-long cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child's medical records and determine whether or not the doctor who gave you your child had a previous experience of malpractice.

When your lawyer has a solid understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery process that involves exchanging evidence such as expert opinions, depositions, medical documents, and so on. This is an essential part of your legal case because it allows you to develop your arguments. Settlements can take as long as one year.

Settlement

If your Erb's palsy lawsuit is successful your lawyer might be able to secure compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices along with physical therapy. You may receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need to gather evidence to prove negligence that caused the brachial plexus injury to your child and may include medical documents, Vimeo witness statements and expert testimony. After your lawyer has gathered the evidence, he will start a lawsuit against defendants. They are typically the medical professionals who delivered your child. The defendants are then given a set period of time to respond. In the discovery phase each side will gather evidence to back up their claims.

Most lawsuits are settled outside of court instead of going to trial because it is cheaper for all parties involved. If your attorney is convinced that they will win the case at trial, they might decide to pursue it to the jury. A successful verdict can give families a sense justice and help educate people about ways to avoid future birth injuries. If your verdict isn't favorable, you can appeal. Although this process may take longer but it also can increase the amount of the compensation you receive.