longwood Erb's palsy lawsuit Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family get closure. The process of litigation can be complex and requires an experienced lawyer.

A successful lawsuit could grant your family members compensation for your child's medical bills as well as future treatment. Learn more about the selma erb's palsy lawsuit palsy litigation procedure.

The Legal Process

The most frequent reason families file an prescott erb's palsy law firm palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries and the specific situation. It could easily be millions of dollars.

Many of Erb's palsy lawsuits have been resolved outside of court. The lawyers of both the plaintiff and defendant will collaborate to negotiate a settlement that is acceptable to both parties. This can drastically cut down on the legal process and prevent your family from facing the jury or judge. If your family is unable to reach an agreement on a settlement the family will have to go to court. This could take a long amount of time, but it could also result in a bigger award.

The brachial plexus is a set of nerves that regulate movement in the arm. The forceful pulling of the head, neck, arms or shoulders during labor and delivery -like when doctors use forceps or vacuum extractors excessively -- can damage these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise the word about this birth injury that could have been prevented. In the past these lawsuits have allowed families to obtain an affordable financial settlement and help their child get back on path.

Arbitration or Mediation

If your child was injured by an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's Palsy settlement can help pay for his or her care. This may include treatment, therapy, assistive devices, and operations.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital's attorneys will likely attempt to reach a settlement prior to when the trial begins.

If you cannot reach an agreement, your case will be sent to arbitration. This means that a neutral third party will listen to both sides and decide who wins the lawsuit. The hearing may be more informal than a trial, but it's crucial to present witnesses and evidence in the proceedings.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can invite your witnesses to the hearing or provide their testimony via video conferencing. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas ahead of time. You must also keep your witnesses' numbers and addresses in the file in case you have to contact them for witnesses in the future.

A complaint to the court

Many children suffering from Erb's syndrome can overcome their physical limitations with intensive daily physical therapy. Some children may require surgery to repair the torn nerve fibers. A large number of children are never able to recover and must continue to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to fair compensation.

To establish the value of your case, your lawyer will work with doctors who specialize in treating these conditions to develop a lifetime cost-of-living estimate. This will help determine the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who performed your child's birth had previous malpractice cases.

When your lawyer has a thorough understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal defense because it allows you to build your arguments. It can take up to an entire year before you can reach a settlement.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer might be able to obtain compensation to cover medical expenses and future costs for treatment which include adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer must gather evidence to prove error that caused the brachial plexus injuries to your child, which could include medical documents, witness statements and expert testimony. Once your attorney has gathered the evidence, they will bring the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants are then given a set time frame to respond. During this discovery phase, each side will gather evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial since it is cost-effective for all parties involved. If your attorney is convinced that they will win the case at trial they may decide to pursue it to an appeal to a jury verdict. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice, and also help to raise awareness to prevent these kinds of injuries from happening in the future. If the verdict isn't favorable you may appeal. While this process can take longer however, it could also increase the amount of the compensation you receive.