Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could aid you and your family to find closure. The litigation process can be complicated and requires an experienced lawyer.

If you win your lawsuit, your family will receive compensation for medical bills of your child and future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

Families file Erb's Psy lawsuits to seek the cost of medical treatment and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the particular situation. It could easily be millions of dollars.

Many of the Erb's Palsy lawsuits settle without court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This can shorten the legal process significantly and spare your family from having a jury or judge decide on their case. However, if the family is unable to reach a settlement you will have to go to trial. This could take a long time but it could also result in a higher amount.

The brachial nerves regulate the movement of the arm. The forceful pulling of the neck, head shoulders or arms during labor and birth- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves and cause Erb's palsy. This condition is usually 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 helped families secure a fair financial settlement and help their child get back on the right track.

Mediation or Arbitration

If your child was injured during the womb by medical negligence and suffered brachial sprains, an Erb's Palsy settlement can help you cover the cost of their treatment. This could include treatment, therapy devices, assistive devices, and Erb's palsy lawsuit operations.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will likely try to reach an agreement before 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 hear both sides and decide who wins the case. This type of hearing can be more informal than a trial, however it is crucial to present physical evidence and witnesses for the hearing.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to present at the hearing in person or you can present their testimony via video conference. Subpoenas should 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 telephone numbers on file in case they are required to appear as a witness in the future.

A complaint to the court

Many children suffering from the condition Erb's-Palsy can overcome physical limitations through regular physical therapy. Some children require surgery to repair the torn nerve fibers. However, a large percentage of children will not recover to a significant degree and will be left with the handicapping effects of this birth injury for the rest of their life. Parents who believe their child's Erb's syndrome was the result of negligence in the delivery process have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with specialists in treating this condition to produce an annual cost of living estimate. This is used to determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor involved in the birth of your child had prior experience with similar malpractice cases.

When your lawyer has a solid knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will undergo the discovery phase that involves exchanging evidence, including expert opinions, depositions, medical records, and more. This is an important part of your legal case because it allows you to construct your case. It can take as long as an entire year to settle a case.

Settlement

If your erb's palsy lawsuit (littleyaksa.yodev.net`s statement on its official blog) palsy suit is successful, your lawyer could be able to get compensation for medical expenses and future treatment costs including adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or Erb's Palsy lawsuit loss of quality of living.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial area in your child. This could include medical records and witness statements as well as expert testimony. After your lawyer has gathered the evidence, he will bring a lawsuit against the defendants. They are typically the medical professionals that provided your child with. The defendants are given a specific amount of time to respond to the suit, and during this process of discovery both sides will collect more evidence to support their assertions.

Most lawsuits are settled out of court instead of going to trial due to the fact that it is cost-effective for all parties involved. If however, your attorney is confident they can win in court, they might decide to pursue the case all the way to a verdict by a jury. A successful verdict could give families a sense justice and help educate people about how to avoid any future birth injuries. However, if your verdict is not in your favor, you can appeal the decision. While this procedure can take more time but it also increases the amount of the compensation you receive.