bloomsburg erb's palsy lawsuit Palsy Litigation

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

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

The Legal Process

Families file Erb's Palsy lawsuits to get reimbursement for medical expenses and other expenses. The amount of money that is awarded in a settlement is contingent upon your child's specific case and the severity of their injuries however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This can significantly speed up the legal process, and also prevent your family from having to face the jury or judge. If your family members are unable to reach an agreement on a settlement the family will have to go to court. It can take a long time but it could also result in a higher amount.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling on the neck, head or shoulders, or on the arms, can result in damage to these nerves and [empty] cause Erb's palsy. This type of injury is usually preventable. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also wish to raise awareness about this birth injury that could have been prevented. In the past these lawsuits helped families secure an affordable financial settlement and get their child's life back on path.

Mediation or Arbitration

If your child sustained an injury to the brachial nerve in the womb due to medical negligence, an Erb's Palsy settlement can help pay for his or her care. This can include surgery, therapy, assistive devices and treatment.

Many lawsuits settle without court. This allows plaintiffs to receive compensation faster and avoids the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and hospital's lawyers are likely to attempt to negotiate a settlement before the trial begins.

If you cannot reach an agreement, your case will be referred to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. The hearing may be more informal than a trial, however it is crucial to present witnesses and evidence for the proceedings.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. You may either witness your witnesses attend the hearing or provide their statements through video conferencing. Subpoenas need to be sent in advance to all witnesses in order they are aware of the requirement that they attend the hearing. Additionally, you must have their addresses and contact numbers on file in the event that they are needed to testify in the future.

Complaints in Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations with regular physical therapy. Some children may require surgery to repair torn nerve fibers. However, a large percentage of children will not recover to any measurable degree and will be forced to live with the handicaps of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's palsy was the result of negligence by a medical professional during the birth process have the right claim fair compensation for their child's injuries.

Your lawyer will work with doctors who specialize 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're entitled to through your Erb's settlement for palsy. Your lawyer can also help you get copies of your child's medical records and investigate whether the doctor who was involved in your child's birth had an history of similar malpractice cases.

If your lawyer has a clear knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery process which includes exchanging evidence, including expert opinions, depositions, additional medical records and more. This is an essential part of your legal proceedings as it allows both sides to build their arguments. Settlements can take up to one year.

Settlement

If your Erb's-Pallsy lawsuit is a success the lawyer may be able obtain compensation to pay for medical expenses as well as future treatment costs. adaptive devices, as well as physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will need to gather evidence to prove malpractice that caused your child's brachial plexus injury and may include medical records, witness statements, and expert testimony. Once your attorney has gathered this evidence, they will make a claim against the defendants, which are usually the medical experts who delivered your child. The defendants will be given a certain amount of time to reply to the lawsuit, and during this discovery stage both sides will collect additional evidence to support their assertions.

Most lawsuits are settled out of court instead of going to trial because it's more cost-effective for all parties involved. If your attorney is convinced that they'll win the case at trial they may decide to try to get the jury. A successful verdict will give families a sense of justice and help educate people about how to avoid any future birth injuries. If, however, your verdict is not favorable to you then you may appeal the decision. Although this process may take longer however, it could also increase the amount of compensation you receive.