Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can bring you and your family closure. The litigation process can be complicated and requires an experienced lawyer.

If you prevail in your lawsuit, your family can receive compensation for the medical expenses of your child and future treatment. Learn more about the Erb's-Palsy lawsuit procedure.

The Legal Process

The most popular reason families pursue an franklin erb's palsy attorney-related lawsuit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the specific situation of your child and the severity of their injuries but it can easily go into the millions of dollars.

Many Erb's Palsy lawsuits settle without court. Lawyers for the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This can speed up the legal process significantly and spare your family from having a judge or jury decide the case. However, if your family members cannot reach the terms of settlement, you'll need to go to trial. This can take a significant amount of time, however it can also result in a bigger amount.

The brachial nerves control the movement of the arm. Forceful pulling on the neck, head shoulders or arms during labor and birthsuch as when doctors make use of forceps or vacuum extractors excessively -- can damage these nerves and lead to Tipp City Erb's Palsy Law Firm palsy. This condition is usually prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also wish to spread awareness about this birth injury which could have been prevented. In the past the lawsuits have helped families secure an affordable financial settlement and help their child get back on track.

Mediation or Arbitration

If your child has suffered an injury to the brachial area during birth due to medical negligence, an painesville erb's palsy lawsuit settlement can help pay for his or her treatment. This could include therapy, treatment, assistive devices, and surgeries.

Many lawsuits settle outside of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's lawyers are likely to attempt to negotiate an agreement before the trial gets underway.

If you cannot reach an agreement, the case will be referred to arbitration. This means that an impartial third party will take in both sides and determine who wins the case. This type of hearing is more informal than a court trial but it is important to present witnesses and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to attend the hearing in person, or you can submit their statements through video conference. Subpoenas should be sent in advance to all witnesses so that they are aware of the requirement to attend the hearing. You should also keep the numbers of your witnesses and addresses on file, in case you have to contact them as an upcoming witness.

Complaints in the Court

Many children suffering from Erb's Palsy are able to overcome physical limitations by regular physical therapy. Some may require surgery to fix torn or separated nerve fibers. However, a substantial proportion of children will not recover in any significant way and will be forced to live with the handicaps of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair amount of compensation.

To establish the value of your case, your lawyer will work with specialists in treating these ailments to develop a lifetime cost-of-living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also assist you get copies of your child’s medical records and determine whether the doctor who delivered your child's care had a medical malpractice case.

Once your lawyer understands the injuries suffered by your child and the child's injuries, she will make a claim against the defendants. Both parties will go through the discovery process, which includes exchanging evidence like expert opinions, depositions medical documents, and so on. This is an important part of your legal case because it allows you to build your arguments. Settlements can last for up to one year.

Settlement

If your lawsuit against Erb's Palsy is successful your lawyer might be able to get compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices along with physical therapy. You could be awarded damages for emotional trauma or loss of quality of living.

Your lawyer will have to collect evidence to prove the mistake that led to your child's brachial plexus injury which could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals who gave your child. The defendants are then given a set period of time to respond. In this phase of discovery each side will collect evidence to prove its case.

Most lawsuits are settled out of court rather than going to trial because it is cost-effective for everyone involved. However, if your attorney believes they will win in court, they could choose to take the case to an appeals court verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice and help raise awareness and prevent these types of injuries from happening in the future. If your verdict is not favorable to you then you may appeal the decision. Although this process may take more time, it can also increase the amount of compensation you receive.