Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family members find closure. The process of suing can be complicated and requires a skilled lawyer.

A successful lawsuit could award your family compensation for child's medical bills and future treatment. Find out more about erb's palsy law firm palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical costs and other losses. The amount of money awarded in a settlement is contingent upon the particular situation of your child as well as the extent of their injuries, but it could easily reach the millions of dollars.

Many of the Erb's Palsy lawsuits are settled without court. Lawyers representing the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This could cut down the legal process dramatically and prevent your family from having a jury or judge decide on their case. However, if your family members are unable to agree on an agreement, you'll have to go to trial. This can take a lot of time, but can also result in a larger award.

The brachial nerves control the movement of the arm. A forceful pull on the neck, head, arms, or shoulders during labor and birth- such as when doctors utilize forceps, vacuum extractors, Erb's palsy lawsuits or other tools excessively -- can cause damage to these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also wish to raise awareness of this birth injury that could have been avoided. In the past, these lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child was injured in the womb by medical negligence, and suffered from brachial sprains, an erb's palsy lawyer Palsy settlement can help you pay for their treatment. This could include treatment, therapy, assistive devices, and operations.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's attorneys will likely seek to negotiate a settlement before the trial begins.

If you're unable to reach a settlement, your case will proceed to arbitration. A neutral third party will consider both sides and determine who wins the case. This kind of hearing could be more informal than a trial, however it is crucial to present physical evidence and witnesses for Erb's palsy lawsuits the hearing.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person or you can present their testimony through video conferencing. You must ensure that all of witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. Additionally, you should have their addresses and phone numbers on file in case they're called to testify in the future.

Complaint in the Court

Many children who suffer from Erb's palsy can overcome physical limitations through daily physical therapy. Some will require surgery to repair sprained or separated nerve fibers. A large percentage of children are not able to recover and will have to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair amount of compensation.

To establish the value of your case the lawyer will work with doctors who specialize in treating these conditions to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor who performed your child's birth had previous malpractice cases.

If your lawyer has a thorough understanding of your child's injuries then she will file your lawsuit against the defendants. Both parties will be involved in the discovery phase which involves exchanging evidence such as expert opinions, depositions, additional medical documents and more. This is an important part of your legal case as it allows you to build your case. Settlements can take up to one year.

Settlement

If your Erb's palsy lawsuit is successful your lawyer might be able to secure compensation to cover medical expenses, future treatment costs and adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove the malpractice that caused your child's brachial plexus injury that could include medical records, witness statements and expert testimony. After your lawyer 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 certain time frame to respond. In this phase of discovery, each side will gather evidence to support its claims.

Most lawsuits are settled outside of court, rather than going to trial because it is cheaper for everyone involved. If your attorney is confident that they'll win the case in court and decides to pursue it to an appeal to a jury verdict. A successful verdict in a birth injury lawsuit can give families a sense of justice, and also help to raise awareness to prevent these types of injuries from occurring in the future. However, if your verdict is not favorable to you, you can appeal the decision. This procedure could take longer, but it could increase the amount you get.