evansville erb's palsy lawyer Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family to find closure. The litigation process can be complicated and requires a skilled lawyer.

A successful lawsuit could grant your family members compensation for law your child's medical bills as well as future treatment. Read on to learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on your child's specific case 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 collaborate to negotiate an agreement that is acceptable to both parties. This could speed up the legal process dramatically and keep your family from having a jury or judge decide their case. If your family is unable reach an agreement on a settlement and you are unable to reach a settlement, you must go to court. This can take a significant amount of time, but could also result in a larger settlement.

The brachial nerves regulate the movement of the arm. Forcing the head, neck, shoulders or arms during labor and deliverysuch as when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits have helped families get an appropriate financial settlement to get their child's life back on track.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence and suffered brachial paralysis, an Erb's settlement for palsy can help cover the cost of their treatment. This can include surgeries, therapy, assistive devices and treatment.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will likely attempt to negotiate a settlement before the trial starts.

If you fail to reach an agreement, your case will be taken to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the lawsuit. This hearing is more informal than a court trial, but it is essential to present witnesses and other physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can either invite your witnesses to attend the hearing or present their statements via videoconferencing. Subpoenas should be sent in advance to all witnesses to ensure they are aware the requirement to be present at the hearing. Keep the numbers of your witnesses and addresses on file, in case you have to call them as witnesses in the future.

Complaint to the Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations through regular physical therapy. Some children require surgery to repair torn nerve fibers. However, a large percentage of children will not recover to a significant degree and must live with the handicaps of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

To determine the worth of your case, your lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This is used to determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer will also help you obtain copies of your child's medical records and investigate whether the doctor who was involved in the birth of your child had a history of similar malpractice cases.

If 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 be involved in the discovery phase which involves exchanging evidence, including expert opinions, depositions, additional medical documents, and so on. This is an essential part of your legal defense because it allows you to build your case. It can take as long as a year to settle a case.

Settlement

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

Your lawyer will need to gather evidence to prove the error that caused your child's brachial-plexus injury, which could include medical documents, witness statements and expert testimony. After your lawyer has gathered this evidence, they'll file the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are given a specific period of time to respond to the lawsuit, and during the discovery phase both sides will collect additional evidence to prove their assertions.

Most lawsuits settle out of court, rather than going to trial, as it's more cost-effective for all parties involved. If your lawyer is confident that they will prevail in court, they might choose to take the case to the verdict of a jury. A successful verdict in a birth injury lawsuit can give families a sense of justice and raise awareness and prevent these types of injuries from happening again in the future. However, if your verdict is not in your favor then you may appeal the decision. This procedure could take longer, but it could raise the amount you receive.