Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family get closure. However, the process of litigation is complex and requires skilled legal representation.

A successful lawsuit could grant your family compensation for child's medical bills and future treatment. Read on to learn more about the ferndale erb's palsy lawyer syndrome lawsuit process.

The Legal Process

Families file Erb's Psy lawsuits to obtain compensation for medical costs and other losses. The amount of money that is awarded in a settlement is contingent upon the specific situation of your child and the severity of their injuries but can easily soar into the millions of dollars.

Many cases involving Erb's palsy are settled without court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can speed up the legal process considerably and keep your family from having a jury or judge decide their case. If your family is unable reach a settlement then you'll need to appear in court. This could take a long amount of time, but can also result in a bigger award.

The brachial nerves control the movement of the arm. During labor and clover erb's palsy Attorney birth, excessive forceful pulling of the neck, head, or shoulders, or on arms, could cause nerve damage, resulting in Erb's Palsy. In many cases, this injury can be prevented. Families seek to make negligent healthcare providers accountable for the harm they cause. They also wish to spread the word about this birth injury which could have been avoided. In the past, these lawsuits have helped families obtain a fair financial settlement that helped their child's future.

Mediation or Arbitration

If your child has suffered an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's Palsy settlement can help pay for their treatment. This can include therapy, surgery as well as assistive devices and treatment.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a judge could reverse a verdict given by a jury. Your lawyer and the hospital attorneys will most likely attempt to reach an agreement before the trial begins.

If you are unable to reach an agreement, the case will be referred to arbitration. This means that a neutral third party will listen to both sides and decide who wins the case. The hearing may be more informal than a trial, however it is important to provide physical evidence and witnesses for the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can invite your witnesses to the hearing or give statements using video conferencing. You must ensure that all your witnesses are aware they will be required to appear at the hearing by submitting subpoenas before the hearing. Keep the names of witnesses' telephone numbers and addresses on file in case you have to contact them as a future witness.

Complaints in the Court

Many children who suffer from clover Erb's palsy attorney Palsy can overcome physical limitations through daily physical therapy. Some children will need surgery to repair torn nerve fibers. However, a substantial proportion of children are not able to recover in any way and will have to live with the handicaps of this birth injury for the rest of their life. Parents who believe that their child's Erb's syndrome was due to medical negligence during the birth process have the right to seek fair compensation for their child's injuries.

To determine the worth of your case, your lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This determines the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer will also help you get copies of the medical records for your child 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 solid understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of the legal process as it allows both sides to construct their arguments. Settlements can take as long as one year.

Settlement

If your lawsuit against Erb's Palsy is a success your lawyer might be able to obtain compensation to pay for medical costs including future treatment costs, adaptive devices, as well as physical therapy. You could be awarded damages for 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 records, witness statements and expert testimony. Once your lawyer has gathered this evidence, they will start a lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants are then given a certain time frame to respond. During this discovery phase, each side will gather evidence to support its claims.

Most lawsuits are settled out of court rather than going to trial since it is more cost-effective for all parties involved. However, if your attorney is confident that they will prevail at trial, they may decide to take the case to an appeals court verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice and can help increase awareness in order to prevent these types of injuries from happening in the future. If, however, your verdict is not favorable to you it is possible to appeal the decision. This process may take longer, but it could increase the amount you get.