Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can help 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 will be awarded compensation for the medical bills of your child and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Psy lawsuits to seek the cost of medical treatment and other expenses. The amount of money that is awarded in a settlement is dependent on the particular case of your child and the extent of their injuries, but it can easily go into the thousands of dollars.

Many of the lawsuits involving Erb's Psy are settled without court. The lawyers representing both the plaintiff and the defendant will collaborate to negotiate a settlement that is acceptable to both parties. This could cut down the legal process by a significant amount and save your family from having a judge or jury decide the case. However, if your family cannot agree on a settlement you will have to go to trial. This could take a long time however, it could result in a higher award.

The brachial nerves control the movement of the arm. A forceful pull on the head, neck, shoulders or arms during labor and delivery -like when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to raise awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families obtain an equitable financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence and suffered brachial palsy, an philadelphia erb's palsy law Firm Settlement for palsy could help you cover the cost of their treatment. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle without court. This lets plaintiffs 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 will probably attempt to reach an agreement before the trial begins.

If you are unable to reach an agreement, your case will be referred to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the case. This hearing is more informal than a court case, however it is vital to provide witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to present at the hearing. Witnesses are able to attend the hearing in person, or you can present their testimony through video conference. You must ensure that all of your witnesses are aware that 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 contact them for a future witness.

Complaint to the Court

Many children with Erb's -Pallsy are able to overcome physical limitations by regular physical therapy. Some will require surgery to repair damaged or separated nerve fibers. However, a significant proportion of children don't recover in any way 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 that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to fair compensation.

Your lawyer will collaborate with specialists in treating this condition. They will create an annual cost of living estimate. This will help determine the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer can also help you obtain copies of your child’s medical records, and look into whether the doctor who delivered your child's care had a record of malpractice cases.

Once your lawyer has a good understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery process which involves exchanging evidence such as expert opinions, depositions and medical records and more. This is an essential aspect of your legal defense because it allows you to construct your case. It can take up a year to settle a case.

Settlement

If your oceanport erb's palsy law firm palsy suit is successful, your lawyer might be able to secure compensation for medical costs and future treatment costs such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will have to gather evidence to prove negligence that caused the brachial plexus injuries to your child and may include medical documents, witness statements, and expert testimony. Once your attorney has gathered this evidence, they will bring the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will then be given a specified amount of time to reply to the lawsuit. during this discovery phase, both sides will gather additional evidence to back their assertions.

Most lawsuits are settled outside of court rather than going to trial because it is cost-effective for all parties involved. If your lawyer is confident that they will win the case at trial they may decide to pursue it to an appeal to a jury verdict. A successful verdict can give families a sense justice and raise awareness about how to prevent future birth injuries. However, if your verdict is not favorable to you then you may appeal the decision. While this procedure can take more time but it also can increase the amount of compensation you receive.