Harrodsburg Erb's Palsy Law Firm Palsy Litigation

Legal action in the aftermath of your child's plexus brachial injury can bring your family and you closure. However, the process of litigation is complex and requires expert 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. Learn more about the Erb's Palsy lawsuit procedure.

The Legal Process

Families file lawsuits against Erb's palsy to seek compensation for medical costs and other expenses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular case. It could easily reach millions of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that pleases both parties. This can significantly speed up the legal process and save your family from having to go before an attorney or a jury. If your family members are unable to reach a settlement, you will need to go to court. This can take a considerable amount of time, but could also result in a bigger amount.

The brachial nerves control the movement of the arm. During labor and birth, excessive forceful pulling of the neck, head, or shoulders, or on the arms could cause damage to these nerves, leading to Erb's Palsy. In many cases, this injury is preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness of the birth injury that could have been avoided. In the past the lawsuits have helped families get an equitable financial settlement and help their child get back on track.

Mediation or Arbitration

If your child was injured in the womb because of medical negligence, and suffered from brachial paralysis, an Erb's Palsy settlement could help you pay for their care. This could include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely seek a settlement prior to when the trial gets underway.

If you are unable come to a deal the case will go 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 case, however it is vital to provide witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses attend the hearing in person, or they can give their testimony through video conference. You must ensure that all your witnesses are aware they will be required to appear at the hearing by submitting subpoenas before the hearing. Keep the names of witnesses' telephone numbers and addresses on file in case you need to call them as witnesses in the future.

Complaints in Court

Many children who suffer from san luis obispo erb's palsy law firm syndrome can overcome physical limitations through intense physical therapy every day. Some will require surgery to repair damaged or separated nerve fibers. A large percentage of children will never recover and have to live their lives with the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to fair compensation.

Your lawyer will collaborate with doctors who are experts in treating this condition to develop an annual cost of living estimate. This will allow you to determine the amount of compensation you are entitled to under your Erb's settlement for palsy. Your lawyer can also help to obtain copies of your child's medical records and determine whether the doctor who treated your child's diagnosis had a prior record of malpractice cases.

If your lawyer has a clear understanding of the harms your child has suffered and the child's injuries, she will bring a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal argument because it allows you to develop your case. Settlements can take as long as one year.

Settlement

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

Your lawyer will need to gather evidence to prove the malpractice that caused the brachial plexus injuries to your child which could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, they'll file the lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants are then given a specific amount of time to reply. In this phase of discovery the parties will gather evidence to back up their claims.

Most lawsuits are settled outside of court instead of going to trial, because it's cheaper for all parties involved. If your attorney is convinced that they will prevail in the case in court and decides to take it to a jury verdict. A successful verdict could give families a sense of justice and increase awareness of how to prevent future birth injuries. If your verdict is not favorable to you, you can appeal the decision. While this procedure can take longer but it also increases the amount of the compensation you receive.