camden erb's palsy law firm Palsy Litigation

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

A successful lawsuit could grant your family members compensation for child's medical bills and any future treatment. Find out more about the Erb's palsy litigation process.

The Legal Process

Families file Erb's Psy lawsuits to seek compensation for medical costs and other expenses. The amount of money that is awarded in a settlement depends on the particular case of your child and the extent of their injuries, but can easily soar into the millions of dollars.

Many of Erb's lawsuits involving palsy are resolved outside of court. The lawyers for both plaintiff and defendant will collaborate to negotiate an agreement that is acceptable to both parties. This can speed up the legal process significantly and keep your family from having a jury or judge decide the case. If your family is unable agree on a settlement and you are unable to reach a settlement, you must appear in the court. This could take a long time, but it could also result in a higher award.

The brachial complex is a collection of nerves which control movement within the arm. A forceful pull on the head, neck, arms, or shoulders during labor and deliverylike when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage the nerves and cause Erb's palsy. In many cases, this injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also wish to spread awareness about this birth injury that could have been avoided. In the past, these lawsuits helped families secure an equitable financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured while in the womb because of medical negligence and was later diagnosed with brachial paralysis, an Erb's Palsy settlement can help you pay for their care. This may include therapy, treatment aids, assistive devices, as well as procedures.

Many lawsuits are settled outside of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers are likely to seek an agreement before the trial starts.

If you are unable come to a deal, your case will proceed to arbitration. This means that a neutral third party will hear both sides and determine who wins the lawsuit. This hearing is more informal than a court trial but it is important to provide witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You may either witness your witnesses attend the hearing or present their statements through video conferencing. Subpoenas must be sent in advance to all witnesses to ensure that they are aware the requirement to attend the hearing. In addition, you must have your witnesses' addresses and phone numbers in case in case they are called to testify in the future.

A complaint to the court

Many children with guadalupe erb's palsy attorney (Vimeo.Com) -Pallsy are able to overcome physical limitations by intense physical therapy every day. Some may require surgery to fix torn or damaged nerve fibers. However, a significant number of children are not able to recover to a significant degree and will have to live with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to fair compensation.

Your lawyer will work with doctors who are experts in treating this condition to produce an estimated cost of living for life estimate. This determines the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also help you get copies of the medical records for your child and determine if the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.

Once your lawyer has a solid understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal case as it allows you to build your case. It could take up to one year to reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to secure compensation for medical costs and future treatment costs including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to gather evidence to prove error that caused your child's brachial plexus injury which could include medical records, witness statements, and expert testimony. Once your lawyer has gathered this evidence, they'll bring the lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants are then given a certain time frame to respond. In this phase of discovery each side will gather evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial, as it's more cost-effective for the parties involved. If your attorney is confident that they will prevail in the case at trial it could be decided to pursue it to an appeal to a jury verdict. A successful verdict in an injury lawsuit for birth can bring families a sense of justice and can help increase awareness to prevent these kinds of injuries from happening in the future. If the verdict you receive is not favorable, you can appeal. This procedure could take longer, but it could increase the amount you are awarded.