Erb's Palsy Litigation

The legal process in the aftermath of your child's plexus brachial injury can bring you and your family closure. However, the litigation process is complicated and requires experienced legal representation.

A successful lawsuit could award your family members compensation for your child's medical expenses and future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the specific situation. It can easily reach millions of dollars.

Many of erb's palsy lawyer lawsuits involving palsy are resolved outside of court. The lawyers for both plaintiff and the defendant will collaborate to reach an acceptable settlement to both parties. This can drastically reduce the legal process and prevent your family from facing jurors or judges. If your family members are unable to agree on a settlement you will have to go to trial. It can take a long time, but it can also potentially result in a higher amount.

The brachial complex is a collection of nerves which control movement within the arm. When you are pregnant, excessive forceful pulling of the neck, head, shoulders, or on arms, could damage these nerves, causing Erb's Palsy. In many cases, this injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past, these lawsuits have helped families obtain an equitable financial settlement and get their child's life back on course.

Arbitration or Mediation

If your child was injured in the womb because of medical negligence, Erb's Palsy Lawsuit and suffered from brachial palsy, an Erb's Palsy settlement can help you pay for their care. This can include surgery, therapy, assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court might overturn a decision made by jurors. Your lawyer and hospital's lawyers will probably try to come to an agreement before the trial gets underway.

If you are unable to reach an agreement, the case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This type of hearing is more informal than a court trial but it is important to present witnesses and other physical evidence.

You will also require copies of all legal documents and witnesses to be present at the hearing. Witnesses can attend the hearing in person or you can provide their statements through video conference. Subpoenas should be sent in advance to all witnesses to ensure they are aware the requirement to attend the hearing. Additionally, you should have the addresses of your witnesses and contact numbers on file in case they are required to appear to testify in the future.

Complaints in Court

Many children suffering from Erb's Palsy can overcome physical limitations through intense daily physical therapy. Some children will require surgery to repair damaged nerve fibers. A large percentage of children will never recover and have to live suffering the effects of this birth injury. Parents who believe that their child's Erb's palsy was the result of medical negligence during the birth procedure have the right to claim fair compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors that 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 settlement for erb's palsy law firm Palsy. Your lawyer can also assist you get copies of your child’s medical records and determine whether the doctor who treated your child's treatment had a previous history of malpractice cases.

Once your lawyer has identified the harms your child has suffered, she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase that involves exchanging evidence like expert opinions, depositions medical documents and more. This is a crucial part of the legal process since it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer could be able to secure compensation for medical expenses and future treatment costs, including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to collect evidence to prove the error that caused your child's brachial-plexus injury, which could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, they will make a claim against the defendants. They are typically the medical professionals that have delivered your child. The defendants are then given a set amount of time to respond. In this phase of discovery each side will collect evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial because it is more cost-effective for all parties involved. If your lawyer is confident that they will prevail in court, they could decide to pursue the case to the verdict of a jury. A successful verdict in a birth injury lawsuit can provide families with a sense justice, and also help to raise awareness in order to prevent these types of injuries from occurring in the future. If your verdict is not favorable you can appeal. While this process could take more time but it also increases the amount of the compensation you receive.