virginia erb's palsy attorney 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.

If you are successful in your lawsuit, your family will receive compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb's-Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to seek reimbursement for medical expenses and other expenses. The amount of money that is awarded in a settlement will depend on the particular case of your child and the extent of their injuries, but it could easily reach the thousands of dollars.

Many of the lawsuits involving eagle erb's palsy lawsuit Psy are settled out of court. The lawyers of both the plaintiff and vimeo.com defendant come together to negotiate an acceptable settlement to both parties. This can drastically reduce the legal process and prevent your family from having to go before a judge or jury. If your family is unable to reach a settlement you will have to go to trial. This can take a significant amount of time, but could also result in a bigger amount.

The brachial nerves regulate the movement of the arm. The forceful pulling of the neck, head arms, or shoulders during labor and deliveryfor example, when doctors make use of forceps or vacuum extractors excessively -- can damage these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to create awareness about the birth injury that could have been prevented. In the past, these lawsuits have helped families receive an affordable financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured during the womb due to medical negligence and has suffered brachial palsy, an Erb's settlement for palsy can help cover the cost of their treatment. This could include therapy, treatment devices, assistive devices, and surgeries.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a court might overturn a decision made by a jury. Your lawyer and hospital's attorneys are likely to seek a settlement before the trial begins.

If you're unable to agree to a settlement, your case will proceed to arbitration. This means that a neutral third party will hear both sides and determine who wins the lawsuit. This hearing is more informal than a court case, but it is important to have witnesses present and physical evidence.

You will also require copies of all legal documents as well as witnesses to present at the hearing. You may either have your witnesses attend the hearing or present their statements via videoconferencing. Subpoenas must be issued in advance to all witnesses in order they are aware the requirement that they attend the hearing. Additionally, you must have your witnesses' addresses and phone numbers on file in case they're called to testify in the future.

Complaints in Court

Many children suffering from Erb's Palsy can overcome physical limitations with intense physical therapy every day. Some will require surgery to fix torn or separated nerve fibers. However, a significant proportion of children do not recover in any way and will have to live with the handicapping effects of this birth injury for the rest of their life. Parents who believe their Erb's palsy in their child was the result of negligence by a medical professional during the birth procedure have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

To determine the worth of your case, your lawyer will work with specialists in treating these ailments to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor who performed the birth of your child had an history of similar malpractice cases.

If your lawyer has a thorough knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal case because it helps you build your arguments. It can take up one year to reach a settlement.

Settlement

If your Erb's palsy lawsuit is a success your lawyer could be able obtain 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 require evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records as well as testimony from witnesses as well as expert testimony. Once your attorney has gathered the evidence, they'll make a claim against the defendants, which are usually the medical professionals who delivered your child. The defendants are then given a set amount of time to respond. In the discovery phase the parties will gather evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial because it's cost-effective for all parties involved. If however, your attorney is confident that they will prevail in court, they could choose to take the case to an appeals court verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice, and also help to raise awareness to prevent these kinds of injuries from happening again in the future. If the verdict you receive is not favorable, you can appeal. This could take a bit longer, but it will increase the amount you are awarded.