Erb's Palsy Litigation

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

If you win your lawsuit, Erb's palsy lawsuits your family may receive compensation for the medical expenses of your child and future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

Families file lawsuits against Erb's palsy to get compensation for medical expenses and other expenses. The amount of money awarded in a settlement will depend on the particular situation of your child as well as the severity of their injuries but it could easily reach the thousands of dollars.

Many of Erb's lawsuits involving palsy are resolved outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that pleases both parties. This could speed up the legal process dramatically and prevent your family from having a judge or jury decide their case. However, if your family members cannot reach an agreement, you'll have to go to trial. This could take a long amount of time, but can also result in a larger award.

The brachial plexus is a group of nerves that control movement within the arm. Forceful pulling on the neck, head, arms or shoulders during labor and birthsuch as when doctors employ forceps or vacuum extractors excessively -- can harm these nerves and cause erb's palsy lawsuits (fhoy.kr explains) palsy. This injury is often prevented. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury which could have been prevented. In the past these lawsuits helped families get an affordable financial settlement to help their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial nerve during birth due to medical negligence, an Erb's palsy settlement could help you pay for their treatment. This may include treatment, therapy as well as assistive devices and surgeries.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's lawyers are likely to attempt to reach an agreement prior to the trial gets underway.

If you're not able to come to a deal, your case will proceed to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This type of hearing can be more informal than a trial, but it is crucial to present witnesses and evidence in the proceedings.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. Witnesses can present at the hearing in person or you can provide their statements through video conference. Subpoenas must be sent in advance to all witnesses so they are aware the requirement to attend the hearing. Keep the numbers of your witnesses and addresses on file in case you need to call them as an upcoming witness.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through intensive daily physical therapy. Some will require surgery to repair sprained or separated nerve fibers. A large percentage of children do not recover and are forced to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

To determine the value of your case your lawyer will collaborate with doctors who are experts in treating these conditions 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 palsy lawyers settlement for palsy. Your lawyer can also help you get copies of your child's medical records and investigate whether the doctor who performed your child's birth had prior experience with similar malpractice cases.

If your lawyer has a solid knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both parties will go through the discovery process which involves exchanging evidence such as expert opinions, depositions and medical documents, and so on. This is a crucial part of your legal action as it allows both sides to present their case. Settlements can last for up to one year.

Settlement

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

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial area in your child. This could include medical records, witness statements, as well as expert testimony. After your lawyer has gathered the evidence, he or she will start a lawsuit against defendants. They are typically the medical professionals who gave your child. The defendants will then be given a specified time frame to respond. In this phase of discovery each side will collect evidence to prove its case.

Most lawsuits are settled outside of court, rather than going to trial due to the fact that it is cost-effective for everyone involved. If your attorney is confident that they will win the case in court and decides to try to get the jury for a verdict. A successful verdict could give families a sense justice and help educate people about how to avoid any future birth injuries. If your verdict isn't favorable you may appeal. The process could take longer, but it could increase the amount you receive.