Erb's Palsy Litigation

In the aftermath of your child's brachial plexus injury can help bring you and your family closure. However, the process of litigation is complex and requires expert legal representation.

A successful lawsuit may award your family members compensation for your child's medical bills and any future treatment. Learn more about the Erb's-Palsy lawsuit process.

The Legal Process

The most frequent reason for families to start an midwest city erb's palsy lawsuit Palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the particular case. It could easily amount to millions of dollars.

Many of Erb's palsy lawsuits have been resolved outside of court. Lawyers for the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This could cut down the legal process significantly and prevent your family from having a judge or jury decide their case. If your family is not able to reach a settlement then you'll need to appear in court. This could take a long time however, it could result in a larger award.

The brachial area is a group of nerves that regulate movement in the arm. During labor and delivery excessive forceful pulling of the head, neck or shoulders, or on arms, could cause nerve damage, resulting in Erb's palsy. In many cases, this injury can be prevented. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness of this birth injury that could have been avoided. In the past these lawsuits helped families secure an affordable financial settlement that helped their child's future.

Mediation or Arbitration

If your child suffered a brachial plexus injury during pregnancy due to medical negligence, an palmhurst Erb's palsy lawsuit palsy settlement can help pay for his or her treatment. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a judge might overturn a decision made by a jury. Your lawyer and the hospital's lawyers will likely try to reach an agreement before the trial gets underway.

If you cannot reach an agreement, the case will be sent to arbitration. This means that an impartial third party will be able to hear both sides and decide who wins the lawsuit. This type of hearing is more informal than a court trial however it is vital to present witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to present at the hearing in person or you can provide their statements via video conferencing. You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas in advance. Additionally, you should keep your witnesses' addresses and phone numbers on file in case they are called as witnesses in the future.

A complaint to the court

Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some children will need surgery to repair torn nerve fibers. However, a significant proportion of children don't recover to any measurable degree and must live with the handicaps of this birth injury for life. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to fair compensation.

Your lawyer will work with doctors who specialize in treating this condition. They will create an annual cost of living estimate. This will allow you to determine the amount of compensation you're entitled to through your alton erb's palsy lawyer palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and investigate whether the doctor who was involved in the birth of your child had previous malpractice cases.

When your lawyer has a solid knowledge of the injuries suffered by your child and the extent of the injuries, 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 medical records, and more. This is an essential part of your legal proceedings as it allows both sides to construct their arguments. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to obtain compensation that covers medical costs and future treatment costs including adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove error that caused your child's brachial-plexus injury, which could include medical records, witness statements, and expert testimony. After your lawyer has collected the evidence, they will file the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are then given a set amount of time to respond. During this discovery phase, each side will gather evidence to support their claims.

Most lawsuits are settled out of court instead of going to trial because it's more cost-effective for everyone involved. If however, your attorney is confident that they will prevail at trial, they may choose to take the case to the verdict of a jury. A successful verdict in a birth injury lawsuit could give families a sense justice and raise awareness to prevent these kinds of injuries from occurring in the future. If the verdict you receive is not favorable, you can appeal. While this process can take longer but it also can increase the amount of the amount you are awarded.