Erb's Palsy Litigation

The legal process in the aftermath of your child's plexus brachial injury can help bring your family and you closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

A successful lawsuit can award your family members compensation for your child's medical expenses and future treatment. Read on to learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's-Palsy lawsuits to get compensation for medical costs and other expenses. The amount of money that is awarded in a settlement depends on your child's specific case and the extent of their injuries, but it could easily reach the thousands of dollars.

Many of the golden valley Erb's Palsy Lawsuit Palsy lawsuits have been settled out of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can drastically cut down on the legal process and avoid your family from facing a judge or jury. However, if your family members cannot reach an agreement, you'll have to go to trial. This can also take a long time but it can also potentially result in a bigger award.

The brachial area is a group of nerves which control movement in the arm. The forceful pulling of the neck, head, shoulders or arms during labor and deliverysuch as when doctors make use of forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. This injury is often avoidable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to spread awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families obtain a fair financial settlement that helped their child's future.

Mediation or Arbitration

If your child sustained an injury to the brachial plexus in the womb due to medical negligence, an Erb's Palsy settlement could help you to pay for the treatment. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits settle outside of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will likely try to reach a settlement before the trial starts.

If you are unable settle your dispute the case will go to arbitration. This means that a neutral third party will take in both sides and determine 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 should also have copies of all your legal documents and witnesses to present them at the hearing. You can choose to witness your witnesses attend the hearing or provide their testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure they are aware the requirement that they attend the hearing. You must also keep your witnesses' phone numbers and addresses in the file in case you have to call them as a future witness.

Complaint to the Court

Many children suffering from Erb's Palsy can overcome physical limitations through regular physical therapy. Some children will need surgery to repair torn nerve fibers. A large number of children will never recover and have to live with the effects of this birth injury. Parents who believe their child's redwood city erb's palsy attorney paralysis was the result of negligence in the delivery process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors that specialize in treating this condition to produce a lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records, and investigate whether or not the doctor who treated your child had a previous record of malpractice cases.

If your lawyer has a clear understanding of the harms your child has suffered and the child's injuries, she will bring a lawsuit against the defendants. Both parties will undergo the discovery phase which involves exchanging evidence such as expert opinions, depositions and medical documents, and so on. This is an essential part of your legal action since it allows both sides to construct their arguments. Settlements can take up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer may be able to get compensation for medical expenses and future costs for treatment such as adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of living.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial nerve in your child. This could include medical records, witness statements as well expert testimony. After your lawyer has collected the evidence, they'll bring the lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants are given a set period of time to respond to the lawsuit, and during this process of discovery, both sides will gather additional evidence to prove their assertions.

Most lawsuits are settled outside of court rather than going to trial due to the fact that it is cheaper for all parties involved. If your attorney is confident that they will win the case at trial they may decide to go to a jury verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and raise awareness to prevent these types of injuries from happening in the future. If your verdict is not favorable you can appeal. While this process could take more time, it can also increase the amount of the amount you are awarded.