Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family get closure. The process of litigation is complicated 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. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file erb's palsy attorney-Palsy lawsuits to obtain reimbursement for medical expenses and Erb's palsy lawsuits other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific situation. It could easily amount to millions of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. The lawyers representing both the plaintiff and defendant will collaborate to reach a settlement that is acceptable to both parties. This could speed up the legal process considerably and keep your family from having a judge or jury decide on their case. If your family is unable to come to a deal and you are unable to reach a settlement, you must go to the court. This can take a lot of time, however it can also result in a larger amount.

The brachial nerves regulate the movement of the arm. During labor and birth, excessive forceful pulling of the neck, head, shoulders, or on the arms could cause nerve damage, resulting in Erb's palsy. In many cases, this injury is preventable. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also seek to raise awareness about the birth injury which could have been avoided. In the past the lawsuits have helped families secure a fair financial settlement and get their child's life back on course.

Arbitration or Mediation

If your child sustained an injury to the brachial plexus in the womb due to medical negligence, an Erb's palsy settlement can help pay for their care. This could include treatment, therapy, assistive devices, and operations.

Many lawsuits are settled outside of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a court in the future reversing a jury's verdict. Your lawyer and the hospital attorneys will most likely try to come to an agreement before the trial gets underway.

If you are unable reach a settlement your case will be sent to arbitration. A neutral third party will hear both sides and determine who wins the case. This type of hearing is more informal than a court trial, but it is essential to present witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. Witnesses are able to attend the hearing in person, or you can submit their statements through video conference. You must ensure that all of witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. Keep your witnesses' phone numbers and addresses on file in case you need to contact them for witnesses in the future.

Complaint in Court

Many children who suffer from Erb's palsy can overcome physical limitations through regular physical therapy. Some children require surgery to repair torn nerve fibers. A large percentage of children are not able to recover and will have to live with the consequences of this birth injury. Parents who believe that their child's Erb's paralysis was the result of medical negligence during the birth procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors who specialize in treating this condition. They will create a lifetime cost of living estimate. This is used to determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer will also help you get copies of the medical records for your child and determine if the doctor who performed your child's birth had an history of similar malpractice cases.

Once your lawyer understands the harms your child has suffered she will start a lawsuit against defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal case because it allows you to construct your case. It can take up one year to settle a case.

Settlement

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

Your lawyer will need evidence to show that malpractice caused the brachial plexus injury in your child. This could include medical records as well as witness statements, as well as expert testimony. After your lawyer has gathered the evidence, he will file a lawsuit against the defendants. These are usually the medical professionals that delivered your child. The defendants are then given a specific time frame to respond. During this discovery phase, each side will gather evidence to prove its case.

Most lawsuits settle out of court, rather than go to trial, because it's more cost-effective for all parties involved. If your attorney is confident that they will prevail in the case at trial it could be decided to go to the jury for a verdict. A successful verdict in an injury lawsuit for birth can give families a sense of justice and raise awareness to prevent these types of injuries from happening again in the future. If the verdict you receive is not favorable you can appeal. This procedure could take longer, but it can increase the amount you are awarded.