Erb's Palsy Litigation

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

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

The Legal Process

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

Many of the lawsuits involving Erb's Psy settle out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically reduce the legal process and prevent your family from having to go before a judge or jury. If, however, your family cannot agree on a settlement you will have to go to trial. This can take a long time, however, it could result in a higher amount.

The brachial nerves control the movement of the arm. Forcing the neck, head, Cairo erb's palsy attorney arms, or shoulders during labor and delivery -- such as when doctors use forceps or vacuum extractors excessively -- can harm these nerves, causing Cairo Erb's palsy attorney palsy. In many instances, the injury can be prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness about this birth injury that could have been prevented. In the past, these lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on course.

Arbitration or Mediation

If your child was injured by an injury to the brachial nerve in the womb due to medical negligence, an Erb's Palsy settlement can help pay for their treatment. This could include therapy, treatment aids, assistive devices, as well as surgeries.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and the hospital's lawyers will probably try to come to an agreement before the trial gets underway.

If you are unable agree to a settlement your case will be sent to arbitration. This means that a neutral third party will take in both sides and decide who will win the lawsuit. This type of hearing can be more informal than a trial, but it is crucial to present physical evidence and witnesses for the hearing.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can have your witnesses attend the hearing or provide their testimony via video conferencing. You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas in advance. Additionally, you should have their addresses and phone numbers on file in case they're called to testify in the future.

Complaints in Court

Many children suffering from ambridge erb's palsy attorney Palsy can overcome their physical limitations by intense physical therapy every day. Some children will need surgery to repair torn nerve fibers. A significant number of children will never recover and have to live suffering from the effects of this birth injury. Parents who believe their child's Erb's palsy was the result of negligence in the delivery process have the right seek fair compensation for their child's injuries.

To determine the worth of your case the lawyer will work with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This helps determine how much you are entitled to receive from the new hyde park erb's palsy attorney palsy settlement. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor involved in your child's birth had an history of similar malpractice cases.

When your lawyer is aware of the child's injuries then she will start a lawsuit against defendants. Both parties will undergo the discovery phase, which includes exchanging evidence, including expert opinions, depositions, medical documents and more. This is a crucial part of your legal proceeding since it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

If your Erb's Palsy lawsuit is a success your lawyer could be able to secure compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices, as well as physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer will have to gather evidence to prove negligence that caused your child's brachial plexus injury which could include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he will start a lawsuit against defendants. These are usually the medical professionals that gave your child. The defendants will then be given a certain amount of time to respond to the suit, and during this process of discovery both sides will collect additional evidence to prove their assertions.

Most lawsuits are settled outside of court rather than go to trial, as it's cheaper for all parties involved. If your lawyer is confident they can win in court, they might choose to take the case all the way to a verdict by a jury. A successful verdict in an injury lawsuit for birth can give families a sense justice and help raise awareness in order to prevent these types of injuries from happening again in the future. If, however, your verdict is not in your favor then you may appeal the decision. This could take a bit longer, but it can increase the amount you get.