Erb's Palsy Litigation

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

A successful lawsuit could grant your family compensation for your child's medical bills and any future treatment. Find out more about the Erb's Palsy lawsuit process.

The Legal Process

Families file Erb's Psy lawsuits to get the cost of medical treatment and other losses. The amount of money awarded in a settlement will depend on the particular situation of your child as well as the extent of their injuries, but can easily soar into the millions of dollars.

Many of the Erb's Palsy lawsuits settle out of court. Lawyers for the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This could speed up the legal process considerably and save your family from having a judge or jury decide on their case. If your family is unable to reach a settlement the family will have to appear in the court. This could take a long amount of time, but could also result in a bigger award.

The brachial nerves regulate the movement of the arm. During labor and delivery, excessive forceful pulling of the head, neck or shoulders or on arms, could cause nerve damage, resulting in erb's palsy law firms Palsy. In many cases, this injury is preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also seek to increase awareness about the birth injury that could have been prevented. In the past these lawsuits helped families get an affordable financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured during the womb as a result of medical negligence and suffered brachial palsy, anErb's Palsy settlement can help you cover the cost of their treatment. This could include therapy, treatment, 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 judge in the future reversing a jury's verdict. Your lawyer and the hospital attorneys will most likely seek to negotiate a settlement before the trial gets underway.

If you are unable to reach an agreement, erb's Palsy law Firms the case will be taken to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This hearing is more informal than a court trial, however it is vital to provide witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. Witnesses may be required to present at the hearing in person or you can submit their statements through video conference. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware of the requirement to be present at the hearing. In addition, you must keep your witnesses' addresses and contact numbers on file in the event that they are needed as witnesses in the future.

Complaint to the Court

Many children with Erb's Palsy can overcome physical limitations with regular physical therapy. Some children will need surgery to repair the torn nerve fibers. A large percentage of children are not able to recover and will have to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb's palsy was the result of negligence in the delivery process are entitled to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who are experts in treating this condition to create a lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer will also help you obtain copies of your child's medical records and investigate whether the doctor who was involved in your child's birth had an history of similar malpractice cases.

If your lawyer has a clear understanding of the injuries of your child she will bring a lawsuit against the defendants. Both parties will undergo the discovery phase, which includes exchanging evidence including expert opinions, depositions, additional medical documents and more. This is a crucial part of the legal process as it allows both sides to construct their arguments. It can take up a year to settle a case.

Settlement

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

Your lawyer will need evidence to prove that a mistake caused the brachial plexus injury in your child. This could include medical records and witness statements, as well as expert testimony. Once your lawyer has gathered this evidence, they will file the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants are given a certain amount of time to respond to the lawsuit, and erb's Palsy law firms during this discovery phase each side will gather more evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial as it is cost-effective for all parties involved. If your lawyer believes they will win at trial, they may decide to pursue the case to an appeals court verdict. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice, and also help to raise awareness to prevent these types of injuries from happening in the future. If your verdict isn't favorable you can appeal. While this process could take longer, it can also increase the amount of the amount you are awarded.