Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family get closure. However, the process of litigation is complicated and requires experienced legal representation.

If you prevail in your lawsuit, your family will receive compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to seek compensation for medical costs and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the particular situation. It could easily be millions of dollars.

Many northbrook erb's palsy attorney palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and defendant collaborate to reach an acceptable settlement to both parties. This can shorten the legal process dramatically and prevent your family from having a judge or jury decide the case. If your family cannot agree on a settlement you will have to go to trial. This can take a considerable amount of time, however it can also result in a larger amount.

The brachial area is a group of nerves that control movement within the arm. The forceful pulling of the head, neck, shoulders or arms during labor and vimeo deliverylike when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. In many cases, this injury can be prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to create awareness about the birth injury that could have been prevented. In the past these lawsuits have helped families receive an appropriate financial settlement to support their child's future.

Mediation or Arbitration

If your child was injured by a brachial plexus injury in the womb due to medical negligence, an Erb's Palsy settlement can help you to pay for the care. This can include surgeries, therapy aidive devices, and treatment.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's attorneys will likely seek to negotiate a settlement before the trial starts.

If you are unable to reach an agreement, your case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This hearing is more informal than a court trial however, it is crucial to present witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. Witnesses can present at the hearing in person or you can present their testimony through video conference. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas in advance. Additionally, you should have the addresses of your witnesses and contact numbers on file in case they are called to testify in the future.

Complaints in the Court

Many children suffering from Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some children will require surgery to repair the torn nerve fibers. However, Vimeo a substantial proportion of children are not able to recover to a significant degree and will be left with the effects of this birth injury for life. Parents who believe that their child's Erb's palsy was due to medical negligence during the delivery process are entitled to claim fair compensation for the injuries suffered by their child.

To establish the value of your case Your lawyer will work with specialists in treating these ailments to develop a life-long cost-of-living estimate. This will allow you to determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and look into whether the doctor who treated your child's treatment had a previous history of malpractice cases.

When your lawyer has a clear understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, vimeo including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal action because it allows both sides to build their arguments. Settlements can last up to one year.

Settlement

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

Your lawyer will have to gather 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, they will start a lawsuit against defendants. These are usually the medical professionals who gave your child. The defendants are then given a specific time frame to respond. During this discovery phase, each side will gather evidence to back up their claims.

Most lawsuits are settled outside of court, rather than going to trial since it's more cost-effective for everyone involved. If your attorney is convinced that they will win the case at trial it could be decided to take it to an appeal to a jury verdict. A successful verdict will bring families a sense that justice has been done and help educate people about how to prevent future birth injuries. However, if the verdict is not favorable to you, you can appeal the decision. This procedure could take longer, but it can increase the amount you are awarded.