Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could aid you and your family find closure. However, the process of litigation is complex and requires expert legal representation.

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

The Legal Process

Families file Erb's Psy lawsuits to recover compensation for medical costs and other expenses. The amount of money awarded depends on the severity of your child's injuries as well as the particular situation. It could easily reach millions of dollars.

Many cases involving solon erb's palsy lawsuit palsy are settled out of court. The lawyers for both plaintiff and defendant collaborate to negotiate an acceptable settlement to both parties. This can significantly shorten the legal process and prevent your family from facing the jury or judge. If your family is unable to agree on a settlement the family will have to go to court. This can take a considerable amount of time, but can also result in a larger amount.

The brachial nerves regulate the movement of the arm. The forceful pulling of the neck, head shoulders or arms during labor and deliverysuch as when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage these nerves, causing falfurrias erb's palsy attorney palsy. In many cases, this injury can be prevented. Families seek to make negligent healthcare providers accountable for the harm they cause. They also seek to raise the word about this birth injury that could have been avoided. In the past the lawsuits have helped families obtain a fair financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child was injured by an injury to the brachial area during birth due to medical negligence, an allegan erb's palsy law firm palsy settlement can help you to pay for the care. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a court in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will likely seek a settlement prior to when the trial begins.

If you are unable to reach an agreement, your case will be referred to arbitration. A neutral third party will listen to both sides and determine who wins the case. The hearing may be more informal than a trial, however it's crucial to present physical evidence and witnesses for the hearing.

You will also need copies of all legal documents and witnesses to present at the hearing. You can choose to invite your witnesses to attend the hearing or give testimony via video conferencing. Subpoenas must be issued in advance to all witnesses in order that they are aware of the requirement to be present at the hearing. Additionally, you should have the addresses of your witnesses and contact numbers on file in case they are required to appear to testify in the future.

A complaint to the court

Many children suffering from Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some will require surgery to repair damaged or separated nerve fibers. However, a large percentage of children will not recover to a significant degree and will be forced to live with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create an annual cost of living estimate. This will help determine the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records and investigate whether the doctor who was involved in your child's birth had an history of similar malpractice cases.

Once your lawyer has a good understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal argument because it allows you to develop your arguments. It can take up a year to negotiate a settlement.

Settlement

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

Your lawyer will need evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records and witness statements as well as expert testimony. After your lawyer has collected this evidence, they will make a claim against the defendants, which are usually the medical professionals who delivered your child. The defendants will then be given a set period of time to respond to the suit, and during this discovery stage each side will gather additional evidence to back their assertions.

Most lawsuits are settled out of court rather than going to trial since it is cheaper for everyone involved. If your lawyer is confident they can win in court, they could decide to pursue the case to an appeals court verdict. A successful verdict in a birth injury lawsuit could give families a sense justice and raise awareness to prevent these types of injuries from happening again in the future. If, however, your verdict is not favorable to you then you may appeal the decision. This procedure could take longer, but it can increase the amount you get.