Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family to find closure. However, the process of litigation is complex and requires skilled legal representation.

If you win your lawsuit, your family may be awarded compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb's palsy litigation process.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily reach millions of dollars.

Many of Erb's lawsuits involving palsy are settled outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This could speed up the legal process significantly and keep your family from having a jury or judge decide the case. If your family is unable come to a deal the family will have to appear in court. This can also take a long time, but it can also potentially result in a bigger award.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling of the neck, head, shoulders, or on the arms, can result in damage to these nerves and cause desoto erb's palsy law firm palsy. This type of injury is usually avoidable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise awareness about this birth injury that could have been avoided. In the past the lawsuits have helped families obtain an equitable financial settlement and help their child get back on track.

Mediation or Arbitration

If your child has suffered a brachial plexus injury during the womb as a result of medical negligence, an erb's palsy attorney Palsy settlement can help you to pay for the treatment. This could include treatment, therapy aids, assistive devices, as well as operations.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a court might overturn a decision made by the jury. Your lawyer and hospital's lawyers are likely to try to reach a settlement before the trial begins.

If you're not able to agree to a settlement, your case will proceed to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This type of hearing can be more informal than a trial, however it's important to present physical evidence and witnesses for the hearing.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses attend the hearing in person or you can present their testimony through video conferencing. You must ensure that all witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. Additionally, you must have their addresses and phone numbers on file in the event that they are needed as witnesses in the future.

Complaints in Court

Many children with Erb's Palsy are able to overcome physical limitations by intensive daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. However, a significant number of children do not recover in any significant way and will be forced to live with the effects of this birth injury for life. Parents who believe their child's Erb's syndrome was the result of medical negligence during the birth procedure have the right to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors who are experts in treating this condition. They will create a lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor responsible for your child's birth had an history of similar malpractice cases.

Once your lawyer has identified the injuries of your child then she will start a lawsuit against defendants. Both sides will go through the discovery process, which includes exchanging evidence like expert opinions, depositions and medical records and more. This is an essential part of your legal case because it allows you to develop your case. Settlements can take as long as one year.

Settlement

If your Erb's palsy lawsuit is successful, your lawyer might be able to get compensation to pay for Vimeo medical costs, future treatment costs and adaptive devices, as well as physical therapy. You may also be awarded damages for emotional trauma and vimeo loss of quality of life.

Your lawyer must gather evidence to prove the error that caused the brachial plexus injuries to your child which could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will bring a lawsuit against the defendants. They are typically the medical professionals who delivered your child. The defendants will be given a specified amount of time to respond to the suit, and during this process of discovery, both sides will gather more evidence to support their assertions.

Most lawsuits are settled outside of court instead of going to trial because it is more cost-effective for everyone involved. However, if your attorney is confident that they will prevail at trial, they may decide to pursue the case all the way to a jury verdict. A successful verdict can provide families with a sense of justice and raise awareness about how to prevent future birth injuries. If the verdict you receive is not favorable, you can appeal. While this process can take longer but it also increases the amount of compensation you receive.