Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family members find closure. However, the litigation process is a bit complicated and requires skilled legal representation.

If you are successful in your lawsuit, your family can receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb's palsy litigation procedure.

The Legal Process

The most common reason families bring an jamesburg erb's palsy lawyer palsy suit is to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on the specific situation of your child and the severity of their injuries but it could easily reach the thousands of dollars.

Many of the Erb's Palsy lawsuits are settled without court. The lawyers representing both the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can speed up the legal process dramatically and spare your family from having a judge or jury decide the case. If your family is not able to reach an agreement on a settlement then you'll need to go to the court. This can also take a long time, however, it could result in a higher award.

The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling on the head, neck or shoulders, or on arms, could cause nerve damage, resulting in Southlake Erb's Palsy Lawyer Palsy. This injury is often avoidable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the harms they cause. They also want to create awareness of this birth injury which could have been avoided. In the past the lawsuits have helped families secure an affordable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child was injured during the womb by medical negligence and has suffered brachial palsy, anErb's settlement for palsy can help to pay for their medical treatment. This could include treatment, therapy aids, assistive devices, as well as operations.

Many lawsuits are settled outside of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a judge could reverse a verdict given by the jury. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement before the trial begins.

If you are unable reach a settlement the case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This hearing is more informal than a court case, however it is vital to provide witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. Witnesses may be required to attend the hearing in person or they can give their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses so they are aware of the requirement to be present at the hearing. Keep your witnesses' phone numbers and addresses on file, in case you have to contact them for witnesses in the future.

Complaint to the Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations through daily physical therapy. Some may require surgery to fix torn or damaged nerve fibers. However, a large percentage of children will not recover in any significant way and will be left with the effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair amount of compensation.

Your lawyer will work with doctors who are experts in treating this condition to create an annual cost of living estimate. This will allow you to 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 the doctor involved in your child's birth had a history of 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 be involved in the discovery phase that involves exchanging evidence like expert opinions, depositions medical records, and more. This is an important part of your legal argument because it allows you to construct your case. Settlements can take up to one year.

Settlement

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

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial nerve in your child. This may include medical records and witness statements as well as expert testimony. After your lawyer has collected this evidence, they'll start a lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will then be given a certain amount of time to reply to the lawsuit, and during this discovery phase each side will gather additional evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial because it's cheaper for all parties involved. If however, your attorney is confident they can win in court, they might choose to take the case to a verdict by a jury. A successful verdict in a birth injury lawsuit could give families a sense justice and raise awareness in order to prevent these types of injuries from happening in the future. If your verdict is not favorable you can appeal. This procedure could take longer, but it will raise the amount you receive.