Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial plexus injury can help bring your family and you closure. The litigation process can be complex and requires an experienced lawyer.

If you are successful in your lawsuit, your family may receive compensation for medical bills of your child and future treatment. Find out more about Erb's palsy litigation procedure.

The Legal Process

The most common reason for families to start an Erb's Palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the particular case of your child and the severity of their injuries, but it can easily go into the millions of dollars.

Many of the Erb's Palsy lawsuits have been settled without court. The lawyers representing both the plaintiff and the defendant will work together to find an agreement that is acceptable to both parties. This can speed up the legal process by a significant amount and spare your family from having a jury or judge decide the case. If your family is unable to agree on a settlement, you will need to go to court. This could take a long time, but it can also potentially result in a higher amount.

The brachial nerves regulate the movement of the arm. A forceful pull on the head, Erb's palsy neck, shoulders or arms during labor and delivery -- such as when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. The injury is often prevented. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about this birth injury that could have been avoided. In the past, these lawsuits helped families secure an equitable financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured while in the womb because of medical negligence and suffered brachial palsy, an Erb's Palsy settlement could help you cover the cost of their treatment. This can include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a court could invalidate a verdict handed down by jurors. Your lawyer and hospital's lawyers will probably seek to negotiate a settlement before the trial gets underway.

If you are unable to agree to a settlement the case will be taken to arbitration. This means that an impartial third party will hear both sides and determine who will win the case. The hearing may be more informal than a trial, but it is important to provide physical evidence and witnesses for the proceedings.

You will also need copies of all legal documents and witnesses to be present at the hearing. You may either invite your witnesses to attend the hearing or provide their statements through video conferencing. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas in advance. Additionally, you should have their addresses and contact numbers on file in the event that they are needed to testify in the future.

Complaints in the Court

Many children who suffer from the condition erb's palsy lawyer-Palsy can overcome their physical limitations with intense physical therapy every day. Some children may require surgery to repair the torn nerve fibers. However, a substantial proportion of children do not recover to a significant degree and will have to live with the handicaps of this birth injury for life. Parents who believe their child's Erb's palsy was the result of medical negligence during the birth process have the right to claim fair compensation for the injuries suffered by their child.

To determine the value of your case, your lawyer will work with doctors who specialize in treating these ailments to come up with 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 you obtain copies of your child’s medical records and determine whether the doctor who delivered your child's treatment had a previous record of malpractice cases.

Once your lawyer has identified the injuries of your child then she will bring a lawsuit against the defendants. Both parties will go through the discovery phase which includes exchanging evidence like expert opinions, depositions medical records and more. This is a vital part of your legal action because it gives both sides the chance to develop their arguments. It can take up to one year to reach a settlement.

Settlement

If your Erb's palsy suit is successful, your lawyer might be able get compensation for Erb's Palsy medical costs and future treatment costs, including adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer will have to gather evidence to prove the negligence that caused the brachial plexus injuries to your child and may include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he or she will make a claim against the defendants. These are usually the medical professionals who provided your child with. The defendants are then given a specific amount of time to reply. In this discovery phase each side will collect evidence to prove its case.

Most lawsuits are settled out of court instead of going to trial due to the fact that it's more cost-effective for all parties involved. If however, your attorney believes that they can win in court, they might decide to take the case all the way to the verdict of a jury. A successful verdict can bring families a sense that justice has been done and help spread awareness about how to avoid any future birth injuries. If your verdict isn't favorable you may appeal. Although this process may take more time but it also increases the amount of compensation you receive.