Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial plexus injury can bring you and your family closure. However, the litigation process is complex and requires expert legal representation.

A successful lawsuit could grant your family members compensation for child's medical bills and any future treatment. Learn more about the La Habra Heights Erb's Palsy Lawyer-Palsy lawsuit process.

The Legal Process

Families file lawsuits against Erb's palsy to obtain compensation for monterey Erb's palsy Attorney medical costs and other expenses. The amount of money awarded in a settlement is contingent upon the particular case of your child and the severity of their injuries but it could easily reach the thousands of dollars.

Many of the richmond erb's palsy law firm Palsy lawsuits are settled without court. Lawyers representing the plaintiff and defendant work together to reach an agreement that pleases both parties. This can drastically cut down on the legal process and save your family from having to go before the jury or judge. If your family is not able to agree on a settlement, you will need to go to the court. This can take a lot of time, but can also result in a larger award.

The brachial plexus is a set of nerves that control movement within the arm. Forceful pulling on the neck, head arms, or shoulders during labor and deliverysuch as when doctors make use of forceps or vacuum extractors excessively -- can cause damage to the nerves and cause storm lake erb's palsy attorney palsy. In many instances, the injury can be prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to spread awareness about this birth injury which could have been prevented. In the past these lawsuits have helped families obtain a fair financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child was injured during the womb as a result of medical negligence, and suffered from brachial sprains, an Erb's Settlement for palsy could help you pay for their care. This could include surgeries, therapy, assistive devices and treatment.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital's attorneys will likely try to come to an agreement before the trial gets underway.

If you are unable to come to a deal, your case will proceed to arbitration. A neutral third party will hear both sides and decide who will win the case. This kind of hearing could be more informal than a trial, however it is important to provide physical evidence and witnesses for the proceedings.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You may either invite your witnesses to the hearing or submit their statements via videoconferencing. Subpoenas should be sent in advance to all witnesses so that they are aware the requirement to be present at the hearing. Additionally, you should have their addresses and phone numbers in case in case they are required to appear to testify in the future.

Complaints in the Court

Many children with Erb's Palsy can overcome physical limitations through intense daily physical therapy. Some children may require surgery to repair the torn nerve fibers. A large percentage of children are not able to recover and will have to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors that specialize in treating this condition to produce the lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer can also help to obtain copies of your child’s medical records and determine whether the doctor who performed surgery on your child had a previous history of malpractice cases.

When your lawyer has a solid knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of the legal process because it gives both sides the chance to build their arguments. Settlements can last up to one year.

Settlement

If your Erb's Palsy lawsuit is a success your lawyer could be able obtain compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices in addition to physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need to collect evidence to prove the negligence that caused your child's brachial-plexus injury which could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, they'll make a claim against the defendants, who are usually the medical professionals who gave your child. The defendants are given a specified amount of time to respond to the suit, and during this discovery phase both sides will collect additional evidence to prove their claims.

Most lawsuits are settled out of court instead of going to trial since it is more cost-effective for everyone involved. If your attorney is convinced that they can win the case in court they may decide to go to an appeal to a jury verdict. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and raise awareness to prevent these types of injuries from happening in the future. If your verdict isn't favorable, you can appeal. This could take a bit longer, but it will raise the amount you receive.