Erb's Palsy Litigation

The legal process 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 award your family compensation for your child's medical bills as well as future treatment. Find out more about the Erb's palsy lawsuit procedure.

The Legal Process

The most common reason for Lawyers families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the specific situation. It can easily reach millions of dollars.

Many Erb's Palsy lawsuits are settled without court. Lawyers for the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can shorten the legal process by a significant amount and spare your family from having a judge or jury decide on their case. If your family is unable to reach a settlement then you'll need to appear in court. This could take a long time, but it could also result in a higher award.

The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head, or shoulders, or on the arms can cause nerve damage, resulting in Erb's Palsy. The injury is often avoidable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past these lawsuits helped families get an equitable financial settlement to help their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial area during the womb as a result of medical negligence, an Erb's palsy settlement could help you to pay for the care. This can include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a judge overturning a jury verdict. Your lawyer and the hospital attorneys will most likely try to come to an agreement prior to the trial beginning.

If you are not able to reach an agreement, your case will be taken to arbitration. A neutral third party will listen to both sides and decide who will win the case. The hearing may be more informal than a trial, but it is crucial to present witnesses and evidence for the hearing.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. Witnesses are able to present at the hearing in person or you can submit their statements via video conferencing. You must ensure that all of your witnesses are aware they are required to attend the hearing by submitting subpoenas in advance. Keep your witnesses' numbers and addresses on file in case you have to call them as an upcoming witness.

Complaint in the Court

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

Your lawyer will work with doctors who specialize in treating this condition. They will create an annual cost of living estimate. This will help you determine the amount of compensation you are entitled to through your san dimas erb's palsy law firm - try this, palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and look into whether or not the doctor who gave you your child's diagnosis had a prior experience of malpractice.

When your lawyer is aware of the child's injuries, she will file a lawsuit against the defendants. Both parties will undergo the discovery phase which includes exchanging evidence like expert opinions, depositions, additional medical records and more. This is a crucial part of your legal case as it helps you build your case. Settlements can take up to one year.

Settlement

If your erb's palsy attorney-Pallsy lawsuit is a success your lawyer could be able obtain compensation to cover medical expenses, future treatment costs and adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial nerve in your child. This could include medical records, witness statements as well as expert testimony. After your lawyer has gathered the evidence, they'll make a claim against the defendants, which are typically the medical experts who delivered your child. The defendants will then be given a specified period of time to respond to the lawsuit, and during this discovery phase, both sides will gather additional evidence to support their assertions.

Most lawsuits are settled out of court, rather than going to trial because it's more cost-effective for all parties involved. If your lawyer is confident that they'll win the case at trial it could be decided to try to get an appeal to a jury verdict. A successful verdict can give families a sense justice and raise awareness about how to avoid any future birth injuries. If your verdict is not in your favor, you can appeal the decision. Although this process may take longer, it can also increase the amount of the amount you are awarded.