Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial plexus injury can bring you and your family closure. The litigation process can be complex and requires an experienced lawyer.

A successful lawsuit could award your family compensation for your child's medical bills and any future treatment. Read on to learn more about the Erb's Palsy lawsuit process.

The Legal Process

The most frequent reason for families to file an oak forest erb's palsy attorney palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the specific situation. It could easily reach millions of dollars.

Many of Erb's lawsuits involving palsy are settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can shorten the legal process dramatically and spare your family from having a judge or jury decide their case. If your family is unable reach a settlement then you'll need to appear in court. It can take a long time but it can also potentially result in a higher award.

The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling of the neck, head, shoulders or on arms, could cause damage to these nerves, leading to Mercedes Erb's Palsy Law Firm Palsy. The injury is often preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also wish to spread the word about this birth injury which could have been avoided. In the past, these lawsuits have helped families obtain an affordable financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured by a brachial plexus injury during birth due to medical negligence, an Erb's Palsy settlement can help pay for his or her treatment. This can include therapy, surgery, assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation faster and prevents the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's attorneys are likely to try to reach a settlement before the trial begins.

If you fail to reach an agreement, your case will be sent to arbitration. A neutral third party will hear both sides and determine who wins the case. This type of hearing is more informal than a court trial, but it is essential to provide witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can attend the hearing in person, or they can give their testimony through video conference. Subpoenas need to be sent in advance to all witnesses to ensure they are aware the requirement that they attend the hearing. Additionally, you should keep your witnesses' addresses and telephone numbers on file in case they are required to appear as a witness in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some children may require surgery to repair torn nerve fibers. However, a substantial proportion of children will not recover to any measurable degree and must live with the effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with specialists 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 from your Erb’s settlement for palsy. Your lawyer can also assist to obtain copies of your child’s medical records, and also determine whether or not the doctor who performed surgery on your child's diagnosis had a prior experience of malpractice.

If your lawyer has a clear understanding of the injuries suffered by your child she will bring a lawsuit against the defendants. Both parties will undergo the discovery phase, which includes exchanging evidence including expert opinions, depositions, additional medical records, and more. This is a crucial aspect of the legal process as it allows both sides to construct their arguments. Settlements can take as long as one year.

Settlement

If your Erb's palsy suit is successful, your lawyer could be able get compensation to cover medical costs and future treatment costs which include adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer must gather evidence to prove negligence that caused the brachial plexus injuries to your child that could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will make a claim against the defendants, which are typically the medical professionals who gave your child. The defendants will be given a set period of time to respond to the suit, and during this discovery stage both sides will collect additional evidence to prove their assertions.

Most lawsuits are settled outside of court, rather than going to trial since it is cheaper for everyone involved. If your lawyer is confident that they'll win the case in court it could be decided to take it to the jury. A successful verdict will give families a sense justice and raise awareness about how to prevent future birth injuries. If your verdict isn't favorable you can appeal. While this process could take longer however, it could also increase the amount of the compensation you receive.