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. However, the litigation process is a bit complicated and requires skilled legal representation.

A successful lawsuit could grant your family members compensation for child's medical expenses and future treatment. Find out more about Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical costs and Erb's Palsy other expenses. The amount of money that is awarded in a settlement will depend on the particular case of your child and the severity of their injuries, but it can easily go into the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and the defendant will collaborate to reach an acceptable settlement to both parties. This could speed up the legal process dramatically and save your family from having a jury or judge decide the case. If your family is unable come to a deal, you will need to go to the court. This can take a significant amount of time, but can also result in a larger settlement.

The brachial plexus is a set of nerves that control movement in the arm. When you are pregnant, excessive forceful pulling of the neck, head, or shoulders or on the arms could cause damage to these nerves, leading to Erb's palsy. This condition is usually prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also seek to raise awareness of this birth injury which could have been avoided. In the past these lawsuits helped families secure a fair settlement in order to ensure their child's future.

Mediation or Arbitration

If your child suffered an injury to the brachial nerve in the womb due to medical negligence, an Erb's palsy settlement can help you pay for his or Erb's Palsy her treatment. This could include treatment, therapy, assistive devices, and operations.

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

If you're unable to come to a deal, your case will proceed to arbitration. This means that a neutral third party will listen to both sides and decide who will win the lawsuit. This type of hearing can be more informal than a trial, but it's important to present witnesses and evidence in the proceedings.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You can choose to invite your witnesses to the hearing or submit their testimony via video conferencing. Subpoenas must be sent in advance to all witnesses to ensure they are aware of the requirement that they attend the hearing. You should also keep the names of witnesses' telephone numbers and addresses in the file in case you have to contact them as a future witness.

Complaints in Court

Many children who suffer from Erb's palsy can overcome their physical limitations with regular physical therapy. Some may require surgery to repair torn or damaged nerve fibers. However, a substantial proportion of children don't recover in any significant way and must live with the limitations of this birth injury for life. Parents who believe their child's Erb's syndrome was due to medical negligence during the birth procedure have the right to seek fair compensation for the injuries suffered by their child.

To determine the value of your case, your lawyer will work with doctors who specialize in treating these ailments to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you are entitled to through your erb's palsy lawyer palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine whether or not the doctor who gave you your child's diagnosis had a prior medical malpractice case.

If your lawyer has a clear understanding of the child's injuries and the child's injuries, she will make a claim against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of your legal proceeding since it allows both sides to present their case. It could take up to a year to reach a settlement.

Settlement

If your Erb's palsy suit is successful, your lawyer may be able get compensation that covers medical costs and future treatment costs including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need to gather evidence to prove the error that caused your child's brachial plexus injury which could include medical records, witness statements, and expert testimony. After your lawyer 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 specific amount of time to reply to the lawsuit. during this discovery stage each side will gather additional evidence to back their claims.

Most lawsuits are settled out of court, rather than going to trial because it is cheaper for all parties involved. However, if your attorney believes they will win in court, they might decide to take the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and raise awareness in order to prevent these types of injuries from occurring in the future. However, if your verdict is not in your favor, you can appeal the decision. This could take a bit longer, but it can raise the amount you receive.