Erb's Palsy Litigation

In the aftermath of your child's brachial plexus injury can bring your family and you closure. The process of suing can be complex and requires an experienced lawyer.

If you prevail in your lawsuit, your family could receive compensation for medical bills of your child and future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the particular case. It could easily amount to millions of dollars.

Many of the lawsuits involving millbrook erb's palsy lawsuit Psy are settled without court. Lawyers for the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This can significantly speed up the legal process and prevent your family from facing an attorney or a jury. However, if your family is unable to reach the terms of settlement, you'll need to go to trial. This can take a lot of time, but could also result in a bigger settlement.

The brachial nerves control the movement of the arm. During labor and birth, excessive forceful pulling of the head, neck or shoulders or on arms, could damage these nerves, causing Erb's Palsy. This injury is often preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries they cause. They also want to spread the word about this birth injury which could have been prevented. In the past, these lawsuits helped families secure an equitable settlement in order to ensure their child's future.

Mediation or Arbitration

If your child has suffered an injury to the brachial area during the womb as a result of medical negligence, an solvang erb's palsy lawsuit Palsy settlement could help you to pay for the care. This could include therapy, surgery aidive devices, and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to get compensation faster and eliminates the possibility that a judge could overturn a verdict awarded by the jury. Your lawyer and the hospital's lawyers will most likely attempt to reach an agreement before the trial gets underway.

If you are unable settle your dispute your case will be sent to arbitration. A neutral third party will hear both sides and decide who wins the case. This type of hearing is more informal than a court trial but it is essential to have witnesses present and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can choose to invite your witnesses to attend the hearing or present their statements through video conferencing. You must ensure that all of your witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. You must also keep the names of witnesses' telephone numbers and addresses on file in case you need to call them as witnesses in the future.

Complaint to the Court

Many children suffering from Erb's Palsy can overcome physical limitations with regular physical therapy. Some may require surgery to repair torn or damaged nerve fibers. However, a substantial proportion of children are not able to recover to a significant degree and will be forced to live with the handicaps of this birth injury for 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 amount of compensation.

To establish the value of your case your lawyer will collaborate with doctors who specialize in treating these conditions to create a cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's settlement for palsy. Your lawyer can also help you obtain copies of your child’s medical records, and also determine whether or not the doctor who treated your child's diagnosis had a prior solvang erb's palsy lawsuit history of malpractice cases.

When your lawyer has a clear understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal defense because it allows you to develop your case. Settlements can last for up to one year.

Settlement

If your lawsuit against miami springs erb's palsy law firm Palsy is successful your lawyer could be able to secure compensation to pay for medical costs including future treatment costs, adaptive devices, as well as physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that a mistake 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 will bring the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants will be given a set amount of time to respond to the lawsuit. during this discovery phase each side will gather additional evidence to prove their assertions.

Most lawsuits settle out of court, instead of going to trial, because it's cheaper for all parties involved. If however, your attorney is confident that they will prevail at trial, they may decide to take the case to an appeals court verdict. A successful verdict will provide families with a sense of justice and increase awareness of how to avoid any future birth injuries. If your verdict is not favorable you may appeal. The process could take longer, but can increase the amount you receive.