Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family find closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

A successful lawsuit could award your family compensation for child's medical bills and any future treatment. Learn more about the Erb's Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical expenses and other expenses. The amount of money that is awarded in a settlement depends on your child's specific case and the severity of their injuries, however, it can easily rise to the thousands of dollars.

Many cases involving erb's palsy law firm palsy are settled without court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically reduce the legal process and avoid your family from having to appear before an attorney or a jury. However, if your family members cannot reach an agreement, you'll have to go to trial. This can also take a long time, but it could also result in a higher amount.

The brachial complex is a collection of nerves that control movement within the arm. The forceful pulling of the neck, head, arms or shoulders during labor and birth- such as when doctors employ forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to spread awareness about this birth injury that could have been avoided. In the past, these lawsuits have helped families obtain an equitable financial settlement and help their child get back on the right track.

Arbitration or Mediation

If your child was injured in the womb by medical negligence, and suffered from brachial paralysis, an Erb's settlement for palsy can help pay for their care. This can include surgeries, therapy aidive devices, and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital's lawyers will likely try to reach an agreement prior to the trial starts.

If you fail to reach an agreement, the case will be sent to arbitration. A neutral third party will hear both sides and decide who will win the case. This type of hearing is more informal than a court trial, however, it is crucial to provide witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to invite your witnesses to the hearing or present their statements using video conferencing. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. In addition, you must have the addresses of your witnesses and phone numbers in case 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 with daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a significant number of children are not able to recover in any way and will have to live with the effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors who specialize in treating this condition to produce an annual cost of living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's settlement for Erb's Palsy lawsuits palsy. Your lawyer can also assist you obtain copies of your child's medical records, and look into whether the doctor who treated your child had a previous experience of malpractice.

Once your lawyer understands the child's injuries then she will start a lawsuit against defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal argument because it allows you to build your arguments. Settlements can take as long as one year.

Settlement

If your Erb's palsy lawsuit is a success your lawyer might be able to get compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices in addition to physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need to collect evidence to prove the mistake that led to your child's brachial plexus injury and may include medical records, witness statements and expert testimony. Once your attorney has gathered the evidence, they will file the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants will then be given a specified amount of time to reply. During this discovery phase each side will gather evidence to back up their claims.

Most lawsuits are settled outside of court rather than going to trial because it's more cost-effective for all parties involved. If your attorney is confident that they'll win the case in court it could be decided to pursue it to an appeal to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense justice, and also help to raise awareness in order to prevent these types of injuries from happening again in the future. However, if your verdict is not favorable to you it is possible to appeal the decision. This process may take longer, but it could raise the amount you receive.