Erb's Palsy Litigation

The legal process in the aftermath of your child's plexus brachial injury can bring you and your family closure. However, the litigation process is a bit complicated and requires skilled legal representation.

If you win your lawsuit, your family may receive compensation for altus erb's palsy attorney the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file lawsuits against Erb's palsy to recover the cost of medical treatment and other expenses. The amount of money awarded in a settlement is dependent on the particular case of your child and the severity of their injuries, but it could easily reach the millions of dollars.

Many of the lawsuits involving Erb's Psy are settled without court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This could cut down the legal process considerably and save your family from having a jury or judge decide the case. If your family is unable agree on a settlement, you will need to go to the court. This can take a long time but it can also potentially result in a larger award.

The brachial nerves control the movement of the arm. Forceful pulling on the head, neck, shoulders or arms during labor and delivery -for example, when doctors use forceps or vacuum extractors in excess -- can damage these nerves and cause hawaii erb's palsy law firm palsy. In many instances, the injury can be prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries they cause. They also want to create awareness of the birth injury that could have been prevented. In the past these lawsuits have helped families get 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 could help you pay for their care. This could include therapy, treatment devices, assistive devices, and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a court could overturn a verdict awarded by a jury. Your lawyer and the hospital's lawyers will likely try to reach a settlement before the trial gets underway.

If you fail to reach an agreement, your case will be referred to arbitration. This means that an impartial third party will take in both sides and decide who wins the lawsuit. This kind of hearing could be more informal than a trial, but it is important to provide witnesses and evidence to the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can attend the hearing in person, or you can submit their statements through video conferencing. You must ensure that all of your witnesses are aware they will be required to appear at the hearing by submitting subpoenas in advance. Additionally, you must have their addresses and phone numbers in case in the event that they are needed as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's syndrome can overcome physical limitations with intense physical therapy every day. Some will require surgery to repair damaged or separated nerve fibers. However, a significant number of children are not able to recover in any way and will be forced to live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair amount of compensation.

To establish the value of your case Your lawyer will work with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This is used to determine how much you're entitled to from the settlement you received for your altus erb's palsy Attorney syndrome. Your lawyer can also assist you obtain copies of your child’s medical records, and investigate whether the doctor who delivered your child's care had a history of malpractice cases.

When your lawyer is aware of the child's injuries she will make a claim against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a vital part of the legal process as it allows both sides to develop their arguments. It can take as long as one year to settle a case.

Settlement

If your Erb's palsy suit is successful, your lawyer could be able get compensation for medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial plexus in your child. This could include medical records and witness statements as well expert testimony. Once your lawyer has gathered this evidence, they will file the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a certain time frame to respond. In this discovery phase each side will gather evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial because it's cheaper for all parties involved. If your lawyer believes they will win in court, they could choose to take the case all the way to a jury verdict. A successful verdict could give families a sense of justice and increase awareness of how to prevent future birth injuries. If your verdict isn't favorable you can appeal. This process may take longer, but can increase the amount you are awarded.