Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family find closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

If you win your lawsuit, your family may 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 Porterville Erb's Palsy Law Firm (Vimeo.Com) Psy lawsuits to seek reimbursement for medical expenses and other expenses. The amount of money offered in a settlement is dependent on the particular situation of your child as well as the severity of their injuries, but can easily soar into the millions of dollars.

Many of the Erb's Palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can significantly speed up the legal process and save your family from having to face a judge or jury. However, if the family is unable to reach the terms of settlement, you'll need to go to trial. This can take a considerable amount of time, but can also result in a larger award.

The brachial plexus is a set of nerves that regulate movement in the arm. A forceful pull on the head, neck, shoulders or arms during labor and birthfor example, when doctors employ forceps or vacuum extractors excessively -- can harm the nerves and cause paradise erb's palsy attorney palsy. This condition is usually preventable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise awareness about this birth injury which could have been avoided. In the past these lawsuits helped families obtain an affordable financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child was injured during the womb as a result of medical negligence and has suffered brachial paralysis, an Erb's Palsy settlement could help you cover the cost of their treatment. This can include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and hospital's lawyers will likely seek a settlement prior to when the trial gets underway.

If you fail to reach an agreement, your case will be sent to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This hearing is more informal than a court trial however, it is crucial to have witnesses present and physical evidence.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. Witnesses can attend the hearing in person or you can provide their statements via 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. In addition, you must keep your witnesses' addresses and phone numbers on file in the event that they are needed as witnesses in the future.

Complaint in Court

Many children suffering from Erb's syndrome can overcome physical limitations with regular physical therapy. Some will require surgery to repair damaged or separated nerve fibers. Many children will never recover and have to live with the consequences of this birth injury. 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 determine the value of your case Your lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This will help determine the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child’s medical records, and investigate whether or not the doctor who performed surgery on your child had a previous history of malpractice cases.

When your lawyer has a good knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will undergo the discovery phase which includes exchanging evidence, including expert opinions, depositions medical documents, and so on. This is an essential part of your legal case as it helps you build your arguments. Settlements can take up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer may be able get compensation to cover medical expenses and future treatment costs including adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial area in your child. This may include medical records and testimony from witnesses as well as expert testimony. After your lawyer has gathered the evidence, they'll bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will be given a set amount of time to respond to the suit, and during this process of discovery, both sides will gather additional evidence to support their claims.

Most lawsuits are settled outside of court, rather than going to trial since it's more cost-effective for all parties involved. If your attorney is convinced that they will win the case at trial they may decide to take it to the jury. A successful verdict could bring families a sense that justice has been done and increase awareness of how to prevent future birth injuries. If, however, your verdict is not in your favor then you may appeal the decision. While this process can take more time however, it could also increase the amount of the amount you are awarded.