Erb's Palsy Litigation

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

A successful lawsuit could award your family compensation for your child's medical bills as well as future treatment. Find out more about the Erb's palsy lawsuit procedure.

The Legal Process

The most popular reason families bring an Erb's palsy suit is to get compensation for medical expenses 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 are settled without court. Lawyers for the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can speed up the legal process significantly and save your family from having a judge or jury decide on their case. If your family is not able to reach a settlement and you are unable to reach a settlement, you must appear in the court. This can also take a long time, but it can also potentially result in a larger award.

The brachial area is a group of nerves that control movement in the arm. A forceful pull on the neck, head, shoulders or arms during labor and delivery -for example, when doctors use forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. The injury is often preventable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to create awareness about the birth injury that could have been avoided. In the past these lawsuits helped families secure an affordable financial settlement and get their child's life back on course.

Mediation or Arbitration

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

Many lawsuits are settled out of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital's attorneys will likely try to come to an agreement prior to the trial beginning.

If you are not able to reach an agreement, your case will go to arbitration. A neutral third party will consider both sides and determine who wins the case. The hearing may be more informal than a trial, however it's crucial to present witnesses and evidence in the hearing.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You can invite your witnesses to the hearing or give statements via videoconferencing. Subpoenas must be issued in advance to all witnesses in order they are aware of the requirement that they attend the hearing. Additionally, you must have the addresses of your witnesses and telephone numbers on file in case they're called as a witness in the future.

Complaints in Court

Many children who suffer from Erb's Palsy can overcome their physical limitations by intensive daily physical therapy. Some will require surgery to repair damaged or separated nerve fibers. A large percentage of children will never recover and have to live their lives with the effects of this birth injury. Parents who believe that their child's Erb's syndrome was the result of medical negligence during the birth procedure have the right to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors who specialize in treating this condition to develop an estimated cost of living for life estimate. This will help determine the amount you are entitled to receive from your erb's palsy lawyers palsy settlement. Your lawyer can also help you obtain copies of your child's medical records and determine if the doctor who performed your child's birth had prior experience with similar malpractice cases.

If your lawyer has a good knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will go through the discovery process that involves exchanging evidence including expert opinions, depositions, medical documents and more. This is an essential part of your legal case because it helps you build your arguments. Settlements can take up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to obtain compensation to cover medical expenses and future costs for treatment such as adaptive devices and 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 prove that malpractice caused the brachial plexus injury in your child. This may include medical records and erb's palsy lawsuits witness statements as well expert testimony. Once your lawyer has gathered the evidence, he will make a claim against the defendants. They are typically the medical professionals who have delivered your child. The defendants will then be given a set amount of time in which to respond to the lawsuit. during this process of discovery each side will gather additional evidence to prove their claims.

Most lawsuits settle out of court rather than going to trial, since it's cost-effective for all parties involved. However, if your attorney believes that they can win at trial, they may decide to pursue the case all the way to a jury verdict. A successful verdict will give families a sense of justice and help educate people about ways to avoid future birth injuries. If the verdict you receive is not favorable, you can appeal. The process could take longer, but it will raise the amount you receive.