marlborough erb's palsy lawyer Palsy Litigation

Legal action following your child's injury to the brachial plexus could aid you and your family to find closure. However, the litigation process is complex and requires expert legal representation.

A successful lawsuit can award your family compensation for your child's medical bills as well as future treatment. Learn more about the Erb’s palsy lawsuit procedure.

The Legal Process

The most popular reason families pursue an Erb's-related lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded in a settlement depends on the particular case of your child and the severity of their injuries but can easily soar into the millions of dollars.

Many of Erb's palsy lawsuits have been settled outside of court. The lawyers representing both the plaintiff and defendant will collaborate to reach an acceptable settlement to both parties. This could cut down the legal process dramatically and save your family from having a jury or judge decide the case. If your family is not able to reach a settlement the family will have to go to the court. This can take a significant amount of time, but can also result in a larger amount.

The brachial complex is a collection of nerves that control movement in the arm. A forceful pull on the neck, head arms, or shoulders during labor and birthsuch as when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves and cause jeannette erb's palsy attorney - vimeo.com, palsy. This injury is often avoidable. Families seek to make negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness about this birth injury which could have been avoided. In the past the lawsuits have helped families get an appropriate financial settlement to get their child's life back on path.

Mediation or Arbitration

If your child was injured during the womb by medical negligence and suffered brachial palsy, an Erb's Palsy settlement can help you cover the cost of their treatment. This could include therapy, treatment devices, assistive devices, and operations.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and the hospital attorneys will most likely try to come to an agreement prior to the trial beginning.

If you are unable agree to a settlement the case will be taken to arbitration. This means that an impartial third party will be able to hear both sides and determine who wins the lawsuit. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence in the hearing.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can witness your witnesses attend the hearing or submit their statements using video conferencing. Subpoenas need to be sent in advance to all witnesses in order they are aware of the requirement that they attend the hearing. Additionally, you should keep your witnesses' addresses and contact numbers on file in case they are called to testify in the future.

Complaints in the Court

Many children with Erb's -Pallsy are able to overcome physical limitations by intense daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a large percentage of children don't recover in any significant way and will be forced to live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair amount of compensation.

To establish the value of your case, your lawyer will work with doctors who specialize in treating these ailments to develop a life-long cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer will also help you get copies of the medical records for your child and investigate whether the doctor involved in your child's birth had a history of similar malpractice cases.

When your lawyer has a solid knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will go through the discovery phase, Simpsonville Erb's Palsy Lawyer which includes exchanging evidence, including expert opinions, depositions and medical documents, and so on. This is a vital part of your legal proceeding as it allows both sides to build their arguments. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to obtain compensation to cover 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 must gather evidence to prove malpractice that caused your child's brachial plexus injury which could include medical documents, witness statements and expert testimony. Once your attorney has gathered the evidence, they will file the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants will be given a certain amount of time to reply to the suit, and during the discovery phase, both sides will gather additional evidence to prove their claims.

Most lawsuits are settled out of court, rather than going to trial as it is more cost-effective for everyone involved. If however, your attorney believes that they can win in court, they might choose to take the case to a jury verdict. A successful verdict can provide families with a sense of justice and raise awareness about how to avoid any future birth injuries. If the verdict you receive is not favorable, you can appeal. This process may take longer, but it can increase the amount you are awarded.