Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family find closure. However, the litigation process is a bit complicated and requires skilled legal representation.

If you prevail in your lawsuit, your family may be awarded compensation for Erb's Palsy lawsuits the medical expenses of your child and future treatment. Read on to learn more about the erb's palsy lawyer syndrome lawsuit process.

The Legal Process

The most common reason for families to pursue an Erb's-related lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular situation. It could easily reach millions of dollars.

Many Erb's Palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This could speed up the legal process considerably and spare your family from having a judge or jury decide on their case. If, however, your family is unable to reach an agreement, you'll have to go to trial. This can take a lot of time, but could also result in a larger award.

The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head arms or shoulders during labor and delivery -like when doctors use forceps or vacuum extractors excessively -- can damage these nerves, causing Erb's palsy. The injury is often prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also wish to spread awareness of this birth injury which could have been prevented. In the past, these lawsuits helped families secure an equitable financial settlement to support their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's palsy settlement could help you pay for their care. This can include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation faster and prevents the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement prior to the trial beginning.

If you are not able to reach an agreement, the case will be referred to arbitration. This means that an impartial third party will hear both sides and decide who wins the lawsuit. This kind of hearing could be more informal than a trial, however it is crucial to present witnesses and evidence to the hearing.

You will also require copies of all legal documents and witnesses to be present at the hearing. Witnesses may be required to attend the hearing in person, or you can provide their statements through video conferencing. You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas in advance. Also, keep the names of witnesses' telephone numbers and addresses in the file in case you need to contact them as witnesses in the future.

A complaint to the court

Many children who suffer from Erb's syndrome can overcome their physical limitations with intensive daily physical therapy. Some may require surgery to repair damaged or damaged nerve fibers. Many children do not recover and are forced to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb's syndrome was due to medical negligence during the birth procedure have the right to claim fair compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who are experts in treating this condition to develop a lifetime cost of living estimate. This will help you 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 experience of malpractice.

Once your lawyer understands the injuries of your child then she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal case because it allows you to build your case. Settlements can take up to one year.

Settlement

If your Erb's-Pallsy lawsuit is a success the lawyer may be able obtain compensation to pay for medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will have to collect evidence to prove the malpractice that caused your child's brachial plexus injury and may include medical documents, witness statements and expert testimony. Once your lawyer has collected the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals who have delivered your child. The defendants will then be given a specified time frame to respond. In the discovery phase each side will collect evidence to support their claims.

Most lawsuits are settled outside of court rather than go to trial, as it's more cost-effective for all parties involved. If your lawyer is confident that they'll win the case at trial it could be decided to pursue it to a jury verdict. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and erb's palsy lawsuits help raise awareness in order to prevent these types of injuries from happening again in the future. If the verdict you receive is not favorable you can appeal. This process may take longer, but it will increase the amount you receive.