Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family will receive compensation for medical expenses of your child and future treatment. Read on to learn more about the Erb's-Palsy lawsuit procedure.

The Legal Process

The most popular reason for families to start an Erb's Palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded in a settlement will depend on the specific situation of your child and Erb's palsy lawsuits the extent of their injuries, but it could easily reach the millions of dollars.

Many of the Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can significantly speed up the legal process and prevent your family from having to appear before jurors or judges. If your family members are unable to come to a deal the family will have to appear in court. This could take a long amount of time, but it could also result in a bigger amount.

The brachial area is a group of nerves which control movement within the arm. Forceful pulling on the neck, head arms, or shoulders during labor and delivery- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage the nerves and cause erb's palsy law firms palsy. In many cases, this injury can be prevented. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about this birth injury which could have been prevented. In the past these lawsuits helped families get an equitable financial settlement and get their child's life back on path.

Mediation or Arbitration

If your child was injured while in the womb due to medical negligence and was later diagnosed with brachial sprains, an Erb's Settlement for palsy could help you pay for their treatment. This may include therapy, treatment devices, assistive devices, and operations.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a judge overturning a jury verdict. Your lawyer and hospital's lawyers will likely try to reach a settlement prior to when the trial gets underway.

If you are unable to reach a settlement the case will be taken to arbitration. This means that a neutral third party will be able to hear both sides and decide who will win the case. This type of hearing is more informal than a court case, however it is vital to have witnesses present and physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to present at the hearing in person or they can give their testimony through video conferencing. Subpoenas need to be sent in advance to all witnesses in order they are aware the requirement to attend the hearing. Additionally, you should have your witnesses' addresses and phone numbers on file in case they are required to appear to testify in the future.

Complaints in Court

Many children suffering from Erb's Palsy can overcome their physical limitations by daily physical therapy. Some will require surgery to fix torn or damaged nerve fibers. A large number of children will never recover and have to live with the effects of this birth injury. Parents who believe their Erb's palsy in their child was due to negligence by a medical professional during the birth process have the right to seek fair compensation for their child's injuries.

To determine the value of your case, your lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This determines the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records, and look into whether the doctor who delivered your child's care had a medical malpractice case.

Once your lawyer has identified the injuries suffered by your child and the child's injuries, she will start a lawsuit against defendants. Both parties will undergo the discovery phase which involves exchanging evidence, including expert opinions, depositions, medical documents and more. This is a vital part of your legal proceeding because it gives both sides the chance to present their case. It can take as long as a year to arrive at a settlement.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer may be able to obtain compensation for medical costs and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer must collect evidence to prove the malpractice that caused your child's brachial-plexus injury, Erb's Palsy lawsuits which could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, he will start a lawsuit against defendants. These are usually the medical professionals that delivered your child. The defendants will then be given a specified amount of time to respond. In this phase of discovery, each side will gather evidence to back up their claims.

Most lawsuits are settled outside of court rather than go to trial, since it's more cost-effective for the parties involved. If however, your attorney is confident they can win in court, they could choose to take the case all the way to the verdict of a jury. A successful verdict in a birth injury lawsuit could provide families with a sense justice and raise awareness to prevent these types of injuries from happening again in the future. If your verdict isn't favorable you may appeal. While this procedure can take longer but it also can increase the amount of the compensation you receive.