Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial-plexus injury can bring your family and you closure. However, the litigation process is complicated and requires experienced legal representation.

If you are successful in your lawsuit, your family could receive compensation for the medical bills of your child and future treatment. Read on to learn more about the Erb's syndrome lawsuit process.

The Legal Process

The most popular reason for families to pursue an Erb's-related lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded in a settlement depends on the particular case of your child and the severity of their injuries but it could easily reach the thousands of dollars.

Many of the thousand oaks erb's palsy attorney palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This can significantly speed up the legal process and save your family from having to appear before jurors or judges. If your family is unable reach an agreement on a settlement then you'll need to go to court. This can take a considerable amount of time, however it can also result in a larger settlement.

The brachial plexus is a group of nerves that control movement within the arm. The forceful pulling of the neck, head shoulders or arms during labor and delivery -- such as when doctors make use of forceps or vacuum extractors excessively -- can damage these nerves, causing Erb's palsy. This condition is usually avoidable. Families seek to make negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury which could have been prevented. In the past the lawsuits have helped families secure a fair financial settlement and help their child get back on track.

Mediation or Arbitration

If your child was injured while in the womb as a result of medical negligence and has suffered brachial palsy, an Erb's Settlement for palsy could help you pay for their care. This can include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will most likely seek to negotiate a settlement before the trial begins.

If you are not able to reach an agreement, your case will be taken to arbitration. This means that a neutral third party will listen to both sides and determine who will win the case. The hearing may be more informal than a trial, however it's crucial to present witnesses and evidence for the hearing.

You will also require copies of all legal documents and witnesses to be present at the hearing. You can have witnesses present at the hearing in person or you can provide their statements through video conferencing. Subpoenas must be issued in advance to all witnesses to ensure that they are aware the requirement to attend the hearing. In addition, you must keep your witnesses' addresses and phone numbers on file in case they are called as a witness in the future.

Complaints in Court

Many children with benbrook erb's palsy lawsuit -Pallsy can overcome physical limitations through regular physical therapy. Some will require surgery to repair sprained or separated nerve fibers. However, a large percentage of children are not able to recover in any way and will have to live with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to fair compensation.

Your lawyer will work with doctors who are experts in treating this condition. They will create an annual cost of living estimate. This will help you determine the amount of compensation you are entitled to through your missoula erb's palsy Lawyer palsy settlement. Your lawyer will also help you obtain copies of your child's medical records and determine if the doctor who performed the birth of your child had an history of similar malpractice cases.

If your lawyer has a solid understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential part of the legal process because it allows both sides to develop their arguments. Settlements can last for up to one year.

Settlement

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

Your lawyer will have to gather evidence to prove the mistake that led to your child's brachial-plexus injury and may include medical records, witness statements and expert testimony. After your lawyer has collected the evidence, they'll file the lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants are then given a certain time frame to respond. During this discovery phase each side will gather evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial since it's more cost-effective for all parties involved. If however, your attorney is confident they can win at trial, they may decide to pursue the case all the way to the verdict of a jury. A successful verdict in a birth injury lawsuit could provide families with a sense justice and raise awareness to prevent these types of injuries from occurring in the future. If the verdict isn't favorable you may appeal. This process may take longer, but can raise the amount you receive.