Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family to find closure. However, the litigation process is complicated and requires experienced legal representation.

If you win your lawsuit, your family will receive compensation for the medical bills of your child and future treatment. Find out more about the Erb's-Palsy lawsuit procedure.

The Legal Process

Families file Erb's-Palsy lawsuits to obtain compensation for medical expenses and other expenses. The amount of money awarded is contingent on the severity of your child's injuries as well as the particular situation. It can easily reach millions of dollars.

Many of Erb's palsy lawsuits have been resolved outside of court. The lawyers of both the plaintiff and defendant will collaborate to negotiate a settlement that is acceptable to both parties. This could cut down the legal process considerably and keep your family from having a jury or judge decide on their case. If, however, your family is unable to reach an agreement, you'll have to go to trial. This can take a long time but it could also result in a higher award.

The brachial area is a group of nerves that control movement within the arm. During labor and birth excessive forceful pulling of the neck, head or shoulders, or on the arms can damage these nerves, causing Erb's Palsy. The injury is often preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to spread awareness of this birth injury that could have been prevented. In the past the lawsuits have helped families obtain an affordable financial settlement and help their child get back on path.

Arbitration or Mediation

If your child was injured by an injury to the brachial plexus in the womb due to medical negligence, an atlanta erb's palsy attorney settlement could help you to pay for the treatment. This may include therapy, treatment aids, assistive devices, as well as surgeries.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a judge might overturn a decision made by the jury. Your lawyer and hospital's lawyers will most likely attempt to reach an agreement prior to the trial beginning.

If you fail to reach an agreement, your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, but it is crucial to present physical evidence and witnesses for the hearing.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can have your witnesses attend the hearing or provide their statements via videoconferencing. You must ensure that all of your witnesses are aware that they will be required to attend the hearing by submitting subpoenas ahead of time. Additionally, you must keep your witnesses' addresses and phone numbers on file in case they are required to appear to testify in the future.

Complaints in the Court

Many children suffering from Erb's syndrome can overcome their physical limitations with intensive daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. However, a significant proportion of children do not recover to any measurable degree and will be left with the limitations of this birth injury for the rest of their lives. Parents who believe their child's Erb's syndrome was due to negligence by a medical professional during the birth process have the right to claim 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 ailments to create a cost-of-living estimate. This is used to determine how much you are entitled to receive from the Galena park Erb's palsy lawyer palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records and determine whether or not the doctor who performed surgery on your child's treatment had a previous history of malpractice cases.

Once your lawyer understands the harms your child has suffered, she will start a lawsuit against defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal case as it allows you to build your case. It can take up one year to arrive at a settlement.

Settlement

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

Your lawyer must gather evidence to prove error that caused the brachial plexus injuries to your child, which could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, they'll make a claim against the defendants, which are typically the medical professionals who delivered your child. The defendants will be given a specified period of time to respond to the lawsuit, and during this process of discovery both sides will collect more evidence to support their claims.

Most lawsuits settle out of court, rather than going to trial because it's more cost-effective for the parties involved. If your attorney is convinced that they can win the case in court, they might decide to go to a jury verdict. A successful verdict will bring families a sense that justice has been done and help spread awareness about how to prevent future birth injuries. However, if the verdict is not favorable to you, you can appeal the decision. The process could take longer, but it could increase the amount you get.