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 process of litigation is complex and requires skilled legal representation.

If you are successful in your lawsuit, your family will receive compensation for the medical expenses of your child as well as future treatment. Find out more about the clinton erb's palsy lawsuit palsy lawsuit process.

The Legal Process

The most frequent reason families pursue an petoskey erb's palsy law firm - vimeo.com --related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the particular situation of your child as well as the extent of their injuries, however, it can easily rise to the thousands of dollars.

Many Erb's Palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This can speed up the legal process considerably and keep your family from having a jury or judge decide their case. If your family is unable to agree on a settlement the family will have to go to court. This could take a long time however, it could result in a bigger award.

The brachial plexus is a set of nerves that control movement in the arm. Forcing the head, neck, shoulders or arms during labor and birth- such as when doctors use forceps or vacuum extractors excessively -- can damage these nerves and cause Erb's palsy. This type of injury is usually avoidable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness about this birth injury which could have been prevented. In the past the lawsuits have helped families secure a fair financial settlement and get their child's life back on path.

Mediation or Arbitration

If your child was injured by an injury to the brachial area during pregnancy due to medical negligence, an Erb's settlement could help you pay for his or her care. This may include treatment, therapy as well as assistive devices and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will likely seek an agreement prior to the trial starts.

If you are unable to reach an agreement, your case will go to arbitration. This means that an impartial third party will take in both sides and determine who will win the lawsuit. This hearing is more informal than a court case, however, it is crucial 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. Witnesses are able to present at the hearing in person or you can submit their statements through video conferencing. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas before the hearing. Additionally, you must have their addresses and telephone numbers on file in the event that they are needed to testify in the future.

A complaint to the court

Many children suffering from sonora erb's palsy lawyer palsy can overcome physical limitations with intense physical therapy every day. Some children will require surgery to repair the torn nerve fibers. A large number of children will never recover and have to live with the effects of this birth injury. Parents who believe their child's Erb's syndrome was the result of negligence in the delivery procedure have the right to claim fair compensation for their child's injuries.

To determine the worth of your case the lawyer will work with doctors who specialize in treating these conditions to come up with a lifetime cost-of living estimate. This determines the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer will also help you get copies of the medical records for your child and investigate whether the doctor who was involved in the birth of your child had previous malpractice cases.

When your lawyer has a thorough understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal proceedings because it gives both sides the chance to develop their arguments. It can take as long as an entire year before you can negotiate a settlement.

Settlement

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

Your lawyer will require evidence to show that malpractice caused the brachial plexus injury in your child. This could include medical records, witness statements as well as expert testimony. Once your lawyer has collected the evidence, they will start a lawsuit against defendants. These are usually the medical professionals who have delivered your child. The defendants are given a specific amount of time to reply to the lawsuit. during this process of discovery each side will gather additional evidence to back their assertions.

Most lawsuits are settled out of court, rather than going to trial due to the fact that it is cheaper for everyone involved. If your attorney is convinced that they can win the case at trial and decides to go to the jury. A successful verdict in an injury lawsuit for birth can bring families a sense of justice and 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. This could take a bit longer, but can increase the amount you are awarded.