Erb's Palsy Litigation

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

If you win your lawsuit, Erb's palsy Lawsuit your family can receive compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb's-Palsy lawsuit process.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement will depend on your child's specific case and the severity of their injuries but it could easily reach the millions of dollars.

Many erb's palsy attorney palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly shorten the legal process and save your family from having to go before an attorney or a jury. If, however, your family cannot agree on the terms of settlement, you'll need to go to trial. This can take a lot of time, but it could also result in a bigger settlement.

The brachial nerves control the movement of the arm. Forcing the head, neck, arms, or shoulders during labor and deliveryfor example, when doctors make use of forceps or vacuum extractors excessively -- can cause damage to the nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past these lawsuits have helped families obtain an affordable settlement in order to ensure their child's future.

Arbitration or Mediation

If your child was injured in the womb by medical negligence and has suffered brachial paralysis, an erb's palsy lawyers Palsy settlement could help you to pay for their medical treatment. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation faster and eliminates the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and the hospital's attorneys are likely to try to reach an agreement before the trial gets underway.

If you're unable to agree to a settlement the case will be taken to arbitration. This means that an impartial third party will listen to both sides and decide who wins the lawsuit. This hearing is more informal than a court case, however it is vital to provide witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You may either have your witnesses attend the hearing or provide their statements using video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas before the hearing. In addition, you must have their addresses and contact numbers on file in case they're called to testify in the future.

Complaint to the Court

Many children suffering from the condition Erb's-Palsy can overcome physical limitations through daily physical therapy. Some children may require surgery to repair damaged nerve fibers. Many children do not recover and are forced to live their lives suffering from the effects of this birth injury. Parents who believe their child's Erb's palsy was the result of medical negligence during the delivery process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

To determine the worth of your case Your lawyer will work with doctors who are experts in treating these conditions to create a cost-of-living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer will also help you obtain copies of the medical records for your child and determine if the doctor who performed the birth of your child had prior erb's Palsy Lawsuit experience with similar malpractice cases.

When your lawyer is aware of the harms your child has suffered then she will bring a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a vital part of the legal process as it allows both sides to present their case. It can take as long as an entire year to settle a case.

Settlement

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

Your lawyer must gather evidence to prove the negligence that caused the brachial plexus injury to your child that could include medical documents, witness statements, and expert testimony. Once your attorney has gathered this evidence, they'll start a lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants will then be given a specified period of time to respond. In the discovery phase the parties will gather evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial because it's cheaper for all parties involved. If your lawyer believes they will win in court, they could decide to take the case all the way to a verdict by a jury. A successful verdict in an injury lawsuit for birth can bring families a sense of justice and help raise awareness to prevent these types of injuries from happening in the future. If your verdict is not favorable to you, you can appeal the decision. This process may take longer, but it could increase the amount you are awarded.