Erb's Palsy Litigation

In the aftermath of your child's brachial plexus injury can bring your family and you closure. The process of litigation is complex and requires an experienced lawyer.

If you win your lawsuit, your family can be awarded compensation for the medical bills of your child and future treatment. Find out more about the Erb's Palsy lawsuit process.

The Legal Process

Families file erb's palsy lawsuits (use Dnpaint Co) to get the cost of medical treatment and other expenses. The amount of money awarded in a settlement will depend on your child's specific case and the severity of their injuries but can easily soar into the thousands of dollars.

Many of Erb's palsy lawsuits have been settled out of court. The lawyers for both the plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties. This could cut down the legal process significantly and spare your family from having a judge or jury decide their case. However, if your family members are unable to agree on an agreement, you'll have to go to trial. This could take a long time however, it could result in a higher award.

The brachial nerves regulate the movement of the arm. During labor Erb's palsy lawsuits and birth excessive forceful pulling on the neck, head, or shoulders or on the arms, can cause nerve damage, resulting in Erb's palsy. The injury is often avoidable. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to create awareness of this birth injury that could have been prevented. In the past these lawsuits helped families secure an affordable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child sustained an injury to the brachial area during the womb as a result of medical negligence, an erb's palsy attorney settlement can help to pay for the care. This may include treatment, therapy, assistive devices, and surgeries.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will probably try to reach an agreement prior to the trial beginning.

If you cannot reach an agreement, the case will be taken to arbitration. This means that a neutral third party will take in both sides and determine who wins the case. This type of hearing is more informal than a court case, however it is vital to have witnesses present and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to attend the hearing in person or you can present their testimony via video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. You should also keep the names of witnesses' telephone numbers and addresses on file in case you need to contact them as an upcoming witness.

Complaint to the Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intensive daily physical therapy. Some children will require surgery to repair torn nerve fibers. A large number of children are never able to recover and must continue 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 negligence by a medical professional during the birth process have the right to claim an appropriate amount of compensation for their child's injuries.

Your lawyer will work with specialists in treating this condition to develop an estimated cost of living for life estimate. This determines the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also help you get copies of your child’s medical records, and also determine whether the doctor who gave you your child's diagnosis had a prior experience of malpractice.

Once your lawyer has identified the injuries of your child and the child's injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of the legal process because it gives both sides the chance to build their arguments. Settlements can last up to one year.

Settlement

If your Erb's-Pallsy lawsuit is a success your lawyer could be able to obtain compensation to pay for medical costs, future treatment costs and adaptive devices in addition to physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to show that malpractice caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well as expert testimony. Once your lawyer has gathered the evidence, they will start a lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a specific time frame to respond. In this phase of discovery, each side will gather evidence to support their claims.

Most lawsuits are settled outside of court, rather than going to trial due to the fact that it is more cost-effective for everyone involved. If your attorney is confident that they'll win the case at trial it could be decided to go to a jury verdict. A successful verdict will provide families with a sense of justice and increase awareness of how to prevent future birth injuries. If the verdict you receive is not favorable you can appeal. This procedure could take longer, but it will increase the amount you receive.