Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial-plexus injury can help bring you and your family closure. The process of suing can be complicated and requires a skilled lawyer.

If you win your lawsuit, your family can receive compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb's palsy litigation procedure.

The Legal Process

Families file lawsuits against Erb's palsy to seek compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on the particular situation of your child as well as the severity of their injuries, but can easily soar into the millions of dollars.

Many of Erb's lawsuits involving palsy are settled outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can drastically reduce the legal process, and also prevent your family from having to face the jury or judge. However, if your family members cannot reach a settlement you will have to go to trial. This can take a considerable amount of time, however it can also result in a larger amount.

The brachial nerves control the movement of the arm. Forceful pulling on the neck, head shoulders or arms during labor and birthfor example, when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. In many cases, erb's palsy lawsuit this injury is preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also seek to increase awareness of this birth injury which could have been avoided. In the past these lawsuits have allowed families to obtain an equitable financial settlement and help their child get back on track.

Mediation or Arbitration

If your child was injured in the womb as a result of medical negligence and suffered brachial paralysis, an erb's palsy attorneys settlement for palsy can help pay for their treatment. This can include surgery, therapy aidive devices, and treatment.

Many lawsuits settle without court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will likely attempt to negotiate a settlement before the trial gets underway.

If you are not able to reach an agreement, your case will be taken to arbitration. A neutral third party will consider both sides and decide who wins the case. This kind of hearing could be more informal than a trial, but it's important to present physical evidence and witnesses for the proceedings.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can either have your witnesses attend the hearing or submit their statements via videoconferencing. You must ensure that all of your witnesses are aware that they are required to attend the hearing by submitting subpoenas prior to the hearing. Also, keep your witnesses' phone numbers and addresses on file in case you need to call them as witnesses in the future.

A complaint to the court

Many children suffering from Erb's palsy can overcome their physical limitations with regular physical therapy. Some may require surgery to repair sprained or separated nerve fibers. However, a significant number of children are not able to recover to any measurable degree and will be forced to live with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's erb's palsy law firm paralysis was due to negligence in the delivery procedure have the right to claim fair compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition to develop a lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer can also assist you obtain copies of your child's medical records, and look into whether the doctor erb's palsy lawsuit who performed surgery on your child had a previous history of malpractice cases.

Once your lawyer has a good understanding of your child's injuries, she will file your lawsuit against the 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 part of your legal proceedings because it allows both sides to present their case. Settlements can last up to one year.

Settlement

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

Your lawyer will have to gather evidence to prove the mistake that led to the brachial plexus injuries to your child that could include medical records, witness statements, and expert testimony. Once your attorney has gathered the evidence, they will make a claim against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a specific time frame to respond. In this phase of discovery the parties will gather evidence to support its claims.

Most lawsuits are settled outside of court rather than go to trial, as it's more cost-effective for all parties involved. If your lawyer is confident that they will prevail at trial, they may decide to pursue the case to a verdict by a jury. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and raise awareness to prevent these types of injuries from happening in the future. However, if the verdict is not in your favor it is possible to appeal the decision. This process may take longer, but it can increase the amount you receive.