Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial injury can bring your family and you closure. However, the litigation process is complex and requires expert legal representation.

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

The Legal Process

Families file Erb's-Palsy lawsuits to obtain 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 reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant work together to find an agreement that is acceptable to both parties. This can shorten 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 considerable amount of time, but can also result in a larger award.

The brachial nerves regulate the movement of the arm. During labor and birth, excessive forceful pulling of the neck, head or shoulders, or on the arms could result in damage to these nerves and cause erb's palsy law firm palsy. This injury is often preventable. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families get an equitable financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child was injured during the womb by medical negligence and was later diagnosed with brachial palsy, an Erb's settlement for palsy can help cover the cost of their treatment. This could include therapy, surgery, assistive devices and treatment.

Many lawsuits settle without court. This lets plaintiffs receive their compensation faster and prevents the possibility of a court in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys will likely try to reach an agreement prior to the trial beginning.

If you fail to reach an agreement, your case will go to arbitration. A neutral third party will consider both sides and decide who will win the case. This hearing is more informal than a court trial, however, it is crucial to present witnesses and other physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can present at the hearing in person, or you can provide their statements through video conferencing. Subpoenas should be sent in advance to all witnesses so that they are aware the requirement to be present at the hearing. Additionally, you should keep your witnesses' addresses and phone numbers in case in case they are required to appear as a witness in the future.

Complaints in the Court

Many children who suffer from Erb's syndrome can overcome their physical limitations by daily physical therapy. Some will require surgery to fix torn or damaged nerve fibers. However, a significant number of children are not able to recover in any significant way and will be forced to live with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb's palsy was the result of negligence by a medical professional during the birth procedure have the right to claim fair compensation for the injuries suffered by their child.

To determine the value of your case the lawyer will work with specialists in treating these ailments to come up with a lifetime cost-of living estimate. This will help determine the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records, and look into whether the doctor who delivered your child's treatment had a previous medical malpractice case.

When your lawyer is aware of the harms your child has suffered, she will file a lawsuit against the defendants. Both parties will go through the discovery phase, which includes exchanging evidence, including expert opinions, depositions and medical documents, and so on. This is an essential part of your legal proceeding because it gives both sides the chance to construct their arguments. Settlements can last for up to one year.

Settlement

If your Erb's palsy lawsuit is a success the lawyer may be able to obtain compensation to pay for medical expenses including future treatment costs, adaptive devices along with physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial nerve in your child. This may include medical records and witness statements as well expert testimony. Once your lawyer has collected the evidence, he or she will start a lawsuit against defendants. These are usually the medical professionals that provided your child with. The defendants are given a specified amount of time to reply to the lawsuit, and Erb's Palsy lawsuits during this discovery stage both sides will collect additional evidence to support their claims.

Most lawsuits are settled out of court rather than going to trial as it's more cost-effective for all parties involved. If however, your attorney is confident that they will prevail in court, they could decide to pursue the case to a jury verdict. A successful verdict can bring families a sense that justice has been done and increase awareness of ways to avoid future birth injuries. If, however, your verdict is not favorable to you it is possible to appeal the decision. While this process could take longer, it can also increase the amount of the amount you are awarded.