Erb's Palsy Litigation

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

A successful lawsuit could grant your family members compensation for child's medical expenses and future treatment. Find out more about hallandale beach erb's palsy attorney palsy lawsuit process.

The Legal Process

The most common reason for families to pursue an Erb's-related lawsuit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on the specific situation of your child and the extent of their injuries, but can easily soar into the thousands of dollars.

Many pittsfield Erb's palsy law firm palsy lawsuits are resolved outside of court. The lawyers of both the plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This can drastically reduce the legal process, and also prevent your family from facing a judge or jury. If your family is not able to agree on a settlement, you will need to appear in the court. It can take a long time but it can also potentially result in a larger award.

The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling of the neck, head, shoulders or on arms, could damage these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also wish to raise awareness of this birth injury that could have been avoided. In the past these lawsuits helped families obtain an appropriate financial settlement to help their child get back on course.

Arbitration or Mediation

If your child has suffered a brachial plexus injury in the womb due to medical negligence, an Erb's palsy settlement could help you pay for their treatment. This may include treatment, therapy, assistive devices, and operations.

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

If you cannot reach an agreement, your case will be taken to arbitration. This means that a neutral third party will hear both sides and determine who wins the lawsuit. The hearing may be more informal than a trial, but it is important to provide physical evidence and witnesses for the hearing.

You will also require copies of all legal documents and witnesses to be present at the hearing. Witnesses may be required to present at the hearing in person or they can give their testimony through video conference. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas prior to the hearing. You should also keep the numbers of your witnesses and addresses on file, in case you have to contact them as a future witness.

Complaints in Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations through daily physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. A large percentage of children will never recover and have to live with the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair amount of compensation.

Your lawyer will collaborate with doctors who are experts in treating this condition. They will create an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records and determine if the doctor who performed the birth of your child had previous malpractice cases.

When your lawyer is aware of the injuries suffered by your child, she will start a lawsuit against defendants. Both parties will be involved in the discovery phase, which includes exchanging evidence like expert opinions, depositions and medical records and more. This is an important part of your legal case as it allows you to develop your arguments. Settlements can last up to one year.

Settlement

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

Your lawyer must gather evidence to prove mistake that led to your child's brachial plexus injury that could include medical documents, witness statements and expert testimony. Once your attorney has gathered this evidence, they will start a lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants will be given a specified period of time to respond to the lawsuit. during this process of discovery both sides will collect additional evidence to prove their assertions.

Most lawsuits are settled outside of court instead of going to trial due to the fact that it is cheaper for everyone involved. However, if your attorney believes they will win in court, they might choose to take the case to an appeals court verdict. A successful verdict could give families a sense of justice and raise awareness about how to avoid any future birth injuries. If the verdict isn't favorable, you can appeal. This procedure could take longer, but it will increase the amount you are awarded.