10 Tips For Quickly Getting Erb's Palsy Settlement

erb's palsy lawsuits Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family get closure. The process of litigation is complicated and requires a skilled lawyer.

A successful lawsuit could award your family compensation for your child's medical bills and future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement will depend on the specific situation of your child and the severity of their injuries, but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This can drastically cut down on the legal process and save your family from facing jurors or judges. If your family is not able to reach a settlement the family will have to go to court. This can take a long time however, it could result in a larger award.

The brachial area is a group of nerves which control movement in the arm. A forceful pull on the neck, head, shoulders or arms during labor and delivery -- such as when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves and cause 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 want to raise awareness of this birth injury which could have been prevented. In the past these lawsuits helped families get a fair financial settlement that helped their child's future.

Arbitration or Mediation

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

Many lawsuits settle without court. This allows plaintiffs to receive compensation more quickly and Erb's Palsy lawsuits prevents the possibility that a court could overturn a verdict awarded by a jury. Your lawyer and hospital's lawyers are likely to seek a settlement before the trial begins.

If you're not able to reach a settlement, your case will proceed to arbitration. This means that a neutral third party will listen to both sides and decide who wins the lawsuit. This hearing is more informal than a court case, however, it is crucial to have witnesses present and physical evidence.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can have witnesses attend the hearing in person, or they can give their testimony via video conferencing. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must keep your witnesses' addresses and phone numbers on file in case they are called as witnesses in the future.

Complaints in Court

Many children suffering from erb's palsy law firms Palsy are able to overcome physical limitations by intense daily physical therapy. Some children will need surgery to repair the torn nerve fibers. However, a substantial proportion of children are not able to recover to any measurable degree and must live with the handicaps of this birth injury for the rest of their life. Parents who believe their Erb's palsy in their child was the result of medical negligence during the delivery process have the right to seek fair compensation for Erb's Palsy lawsuits their child's injuries.

To establish the value of your case, your lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also help you get copies of your child’s medical records and determine whether the doctor who performed surgery on your child's treatment had a previous history of malpractice cases.

Once your lawyer has identified the injuries of your child, she will make a claim against the defendants. Both sides will undergo the discovery phase that involves exchanging evidence like expert opinions, depositions and medical records, and more. This is a vital part of the legal process because it allows both sides to construct their arguments. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to get compensation for medical expenses 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 must collect evidence to prove the mistake that led to the brachial plexus injury to your child, which could include medical documents, witness statements and expert testimony. Once your attorney has gathered the evidence, they'll start a lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants are then given a certain amount of time to respond. In the discovery phase, each side will gather evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial as it is cost-effective for everyone involved. If your attorney is confident that they can win the case in court they may decide to try to get an appeal to a jury verdict. A successful verdict will give families a sense of justice and help educate people about ways to avoid future birth injuries. If your verdict is not in your favor then you may appeal the decision. This could take a bit longer, but it could increase the amount you are awarded.