Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family get closure. However, the process of litigation is complex and requires skilled legal representation.

A successful lawsuit could grant your family members compensation for your child's medical bills and any future treatment. Read on to learn more about the erb's palsy law firms palsy lawsuit procedure.

The Legal Process

Families file erb's palsy lawyer Psy lawsuits to recover the cost of medical treatment and other losses. The amount of money awarded in a settlement will depend on the specific situation of your child and the severity of their injuries but it can easily go into the thousands of dollars.

Many of the Erb's palsy lawsuits are settled outside of court. The lawyers representing both the plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties. This can drastically cut down on the legal process and save your family from having to appear before an attorney or a jury. If your family members are unable to agree on a settlement you will have to go to trial. It can take a long time however, it could result in a higher amount.

The brachial plexus is a set of nerves that control movement in the arm. During labor and delivery excessive forceful pulling on the neck, head, or shoulders or on the arms can cause nerve damage, resulting in Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries they cause. They also wish to raise awareness about the birth injury that could have been prevented. In the past these lawsuits have helped families secure an equitable financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child sustained a brachial plexus injury in the womb due to medical negligence, an Erb's palsy settlement can help pay for his or her treatment. This could include therapy, treatment devices, assistive devices, and erb's Palsy Law firms surgeries.

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

If you're not able to come to a deal your case will be sent to arbitration. This means that a neutral third party will listen to both sides and decide who wins the case. This kind of hearing could be more informal than a trial, but it's important to present witnesses and evidence in the hearing.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. You can choose to invite your witnesses to the hearing or give statements using video conferencing. You must ensure that all of your witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. In addition, you must have their addresses and phone numbers in case in the event that they are needed as witnesses in the future.

Complaint in Court

Many children who suffer from Erb's Palsy can overcome their physical limitations with daily physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. However, a substantial 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 a result of medical malpractice during the birth process are entitled to fair compensation.

To determine the value of your case Your lawyer will work with doctors who specialize in treating these conditions to create a cost-of-living estimate. This will help you determine the amount of compensation you are entitled to through your erb's palsy law firms palsy settlement. Your lawyer can also assist to obtain copies of your child's medical records, and also determine whether or not the doctor who treated your child's treatment had a previous history of malpractice cases.

When your lawyer has a thorough understanding of your child's injuries after which she will file a lawsuit against the defendants. Both parties will go through the discovery phase that involves exchanging evidence like expert opinions, depositions, additional medical documents, Erb's palsy law firms and so on. This is a crucial part of your legal case as it allows you to construct your arguments. Settlements can last for up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer might be able to get compensation to cover medical expenses and future costs for treatment 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 will have to gather evidence to prove negligence that caused the brachial plexus injury to your child that could include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he will make a claim against the defendants. They are typically the medical professionals that delivered your child. The defendants will then be given a certain amount of time to respond to the lawsuit, and during this discovery stage, both sides will gather additional evidence to prove their claims.

Most lawsuits settle out of court instead of 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 may decide to try to get the jury for a verdict. A successful verdict in a birth injury lawsuit can provide families with a sense justice and can help increase awareness to prevent these kinds of injuries from happening again in the future. If your verdict is not in your favor You can appeal the decision. While this process could take more time however, it could also increase the amount of compensation you receive.