Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could aid you and your family find closure. The process of litigation can be complicated and requires an experienced lawyer.

A successful lawsuit can award your family compensation for your child's medical bills and future treatment. Read on to learn more about the Erb's palsy lawsuit procedure.

The Legal Process

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

Many anacortes erb's palsy attorney palsy lawsuits are settled out of court. The lawyers of both the plaintiff and defendant work together to find a settlement that is acceptable to both parties. This can shorten the legal process significantly and spare your family from having a judge or jury decide on their case. If your family members are unable to agree on the terms of settlement, you'll need to go to trial. This can take a considerable amount of time, but it could also result in a larger amount.

The brachial plexus is a set of nerves that control movement within the arm. The forceful pulling of the neck, Erb's palsy head shoulders or arms during labor and birthlike when doctors make use of forceps or vacuum extractors excessively -- can harm the nerves and cause Erb's palsy. This type of injury is usually preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to create awareness of this birth injury which could have been avoided. In the past these lawsuits helped families secure a fair settlement in order to ensure their child's future.

Mediation or Arbitration

If your child suffered a brachial plexus injury in the womb due to medical negligence, an Erb's settlement can help pay for their care. This could include surgery, therapy, assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely attempt to reach an agreement before the trial gets underway.

If you cannot reach an agreement, the case will go to arbitration. This means that a neutral third party will be able to hear both sides and determine who will win the lawsuit. This kind of hearing could be more informal than a trial, however it's crucial to present physical evidence and witnesses for the proceedings.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to attend the hearing in person or they can give their testimony via video conference. Subpoenas need to be sent in advance to all witnesses in order that they are aware of the requirement that they attend the hearing. Also, keep your witnesses' phone numbers and addresses in the file in case you need to contact them as a future witness.

Complaint to the Court

Many children suffering from Erb's palsy can overcome their physical limitations by intense physical therapy every day. Some will require surgery to repair sprained or damaged nerve fibers. However, a significant number of children do not recover to a significant degree and must live with the handicapping effects of this birth injury for life. Parents who believe their child's livermore erb's palsy lawsuit palsy was due to medical negligence during the delivery process have the right to seek fair compensation for their child's injuries.

Your lawyer will work with doctors who are experts in treating this condition to create the lifetime cost of living estimate. This helps determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and investigate whether the doctor who performed the birth of your child had a history of similar malpractice cases.

Once your lawyer understands the injuries suffered by your child then she will start a lawsuit against defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal defense because it allows you to construct your case. It could take up to a year to arrive at a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to secure compensation to cover medical costs and future treatment costs such as adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the injury to the brachial nerve in your child. This could include medical records and testimony from witnesses as well as expert testimony. After your lawyer has gathered the evidence, Erb's palsy he will bring a lawsuit against the defendants. They are typically the medical professionals who provided your child with. The defendants are then given a specific period of time to respond. In the discovery phase, each side will gather evidence to support its claims.

Most lawsuits are settled out of court rather than going to trial since it is more cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case in court it could be decided to go to the jury. A successful verdict could give families a sense justice and increase awareness of how to prevent future birth injuries. If the verdict you receive is not favorable you may appeal. The process could take longer, but it could raise the amount you receive.