Erb's Palsy Law Firms Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family to find closure. However, the litigation process is a bit complicated and requires skilled legal representation.

A successful lawsuit could award your family members compensation for child's medical expenses and future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

Families file Erb's Psy lawsuits to seek the cost of medical treatment 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 could easily reach millions of dollars.

Many of the Erb's Palsy lawsuits are settled without court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically reduce the legal process, and also prevent your family from facing jurors or judges. If, however, your family members cannot reach an agreement, you'll have to go to trial. It can take a long time but it could also result in a higher amount.

The brachial complex is a collection of nerves that regulate movement within the arm. A forceful pull on the neck, head, arms or shoulders during labor and delivery- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to create awareness about the birth injury that could have been prevented. In the past, these lawsuits have helped families obtain a fair financial settlement and get their child's life back on course.

Arbitration or Mediation

If your child was injured in the womb by medical negligence and suffered brachial palsy, an Erb's Palsy settlement could help you cover the cost of their treatment. This could include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle out of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will most likely seek to negotiate a settlement prior to the trial beginning.

If you fail to reach an agreement, the case will be referred to arbitration. This means that an impartial third party will be able to hear both sides and decide who will win the case. This hearing is more informal than a court case, however it is vital to present witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can attend the hearing in person or you can submit their statements through video conference. Subpoenas need to be sent in advance to all witnesses in order they are aware the requirement that they attend the hearing. Also, keep the names of witnesses' telephone numbers and addresses on file, in case you need to call them as an upcoming witness.

Complaint to the Court

Many children with erb's palsy lawyer -Pallsy can overcome physical limitations through regular physical therapy. Some children may require surgery to repair damaged nerve fibers. However, a significant proportion of children do not recover to a significant degree and will be left with the handicapping effects of this birth injury for the rest of their life. Parents who believe their child's Erb's paralysis was the result of negligence in the delivery procedure have the right to claim fair compensation for their child's injuries.

To establish the value of your case your lawyer will collaborate with doctors who specialize in treating these ailments to create a cost-of-living estimate. This will help determine the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer will also help you obtain copies of your child's medical records and investigate whether the doctor responsible for your child's birth had prior experience with similar malpractice cases.

When your lawyer has a good understanding of your child's injuries then she will file your lawsuit against the defendants. Both parties will be involved in the discovery phase that involves exchanging evidence including expert opinions, depositions, additional medical documents and more. This is a crucial aspect of your legal proceeding as it allows both sides to build their arguments. Settlements can take up to one year.

Settlement

If your Erb's Palsy lawsuit is successful the lawyer may be able obtain compensation to pay for medical costs, future treatment costs and adaptive devices in addition to physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will have to gather evidence to prove the negligence that caused the brachial plexus injury to your child that could include medical records, witness statements and expert testimony. After your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are given a specified amount of time to respond to the lawsuit. during this discovery phase both sides will collect more evidence to support their claims.

Most lawsuits settle out of court rather than go to trial, since it's cost-effective for all parties involved. However, if your attorney is confident that they will prevail at trial, they may decide to pursue the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit can give families a sense of justice and raise awareness to prevent these kinds of injuries from occurring in the future. If, however, your verdict is not in your favor, you can appeal the decision. While this process could take more time but it also increases the amount of the compensation you receive.