Erb's Palsy Litigation

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

A successful lawsuit may award your family members compensation for child's medical bills and future treatment. Read on to learn more about the erb's palsy attorneys-Palsy lawsuit process.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon your child's specific case and the severity of their injuries but it could easily reach the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and defendant will collaborate to reach a settlement that is acceptable to both parties. This could speed up the legal process dramatically and prevent your family from having a judge or jury decide their case. If your family members are unable to agree on a settlement the family will have to appear in court. It can take a long time but it could also result in a higher award.

The brachial nerves regulate the movement of the arm. Forcing the neck, Erb's Palsy Lawsuit head arms or shoulders during labor and Erb's palsy lawsuit delivery -- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves, causing Erb's palsy. In many cases, this injury is preventable. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also want to spread awareness of this birth injury that could have been avoided. In the past, these lawsuits helped families get an equitable financial settlement to support their child's future.

Mediation or Arbitration

If your child was injured during the womb by medical negligence and was later diagnosed with brachial sprains, an Erb's Palsy settlement can help you pay for their treatment. This may include therapy, treatment devices, assistive devices, and surgeries.

Many lawsuits settle out of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital's lawyers will probably attempt to reach an agreement before the trial starts.

If you fail to reach an agreement, the case will be referred 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 crucial to have witnesses present and physical evidence.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can choose to invite your witnesses to the hearing or give testimony via video conferencing. Subpoenas should be sent in advance to all witnesses in order that they are aware of the requirement to attend the hearing. Additionally, you must have their addresses and contact numbers on file in case they're called as a witness in the future.

Complaint in the Court

Many children suffering from Erb's Palsy can overcome physical limitations through intense physical therapy every day. Some children will require surgery to repair damaged nerve fibers. However, a significant proportion of children are not able to recover in any way and will have to live with the handicapping effects of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to fair compensation.

To determine the value of your case your lawyer will collaborate with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This determines the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you get copies of your child’s medical records, and investigate whether or not the doctor who delivered your child's diagnosis had a prior experience of malpractice.

If your lawyer has a solid knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase which includes exchanging evidence including expert opinions, depositions medical documents and more. This is a crucial part of your legal case because it helps you build your arguments. It can take up one year to reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to get compensation for medical costs and future treatment costs including adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the injury to the brachial nerve in your child. This could include medical records and witness statements as well as expert testimony. Once your lawyer has gathered the evidence, they will start a lawsuit against defendants. They are typically the medical professionals that provided your child with. The defendants will then be given a specified amount of time to reply. In this discovery phase the parties will gather evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial because it is cost-effective for all parties involved. If your attorney is convinced that they can win the case in court and decides to pursue it to an appeal to a jury verdict. A successful verdict in an injury lawsuit for birth can bring families a sense of justice and help raise awareness in order to prevent these types of injuries from occurring in the future. If the verdict isn't favorable you can appeal. This could take a bit longer, but it could increase the amount you are awarded.