Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial-plexus injury can bring you and your family closure. The process of litigation can be complex and requires an experienced lawyer.

If you win your lawsuit, your family can be awarded compensation for the medical bills of your child and future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to recover the cost of medical treatment and other expenses. The amount of money awarded in a settlement is dependent on the specific situation 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 resolved outside of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This can drastically cut down on the legal process and Erb's Palsy lawsuits save your family from having to face jurors or judges. If your family is unable come to a deal then you'll need to appear in court. This can take a long time but it could also result in a bigger award.

The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling of the head, neck or shoulders or on the arms can result in damage to these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness of this birth injury that could have been prevented. In the past these lawsuits helped families get an equitable financial settlement and help their child get back on the right track.

Mediation or Arbitration

If your child was injured while in the womb as a result of medical negligence and has suffered brachial sprains, an erb's palsy law firm Settlement for palsy could help you pay for their care. This could include therapy, treatment as well as assistive devices and surgeries.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and Erb's Palsy lawsuits avoids the possibility that a judge could overturn a verdict awarded by a jury. Your lawyer and hospital attorneys will most likely try to come to an agreement before the trial begins.

If you're unable to agree to a settlement, your case will proceed to arbitration. This means that an impartial third party will listen to both sides and decide who will win the case. The hearing may be more informal than a trial, however it is crucial to present witnesses and evidence in the hearing.

You will also require copies of all legal documents and witnesses to be present at the hearing. Witnesses may be required to attend the hearing in person or you can provide their statements via video conference. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas prior to the hearing. You must also keep your witnesses' numbers and addresses on file, in case you need to contact them for an upcoming witness.

Complaint in the Court

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

Your lawyer will work with specialists in treating this condition to produce a lifetime cost of living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and look into whether or not the doctor who delivered your child's care had a medical malpractice case.

When your lawyer is aware of the child's injuries then she will bring a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a vital part of the legal process because it allows both sides to present their case. Settlements can last up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer could be able to obtain compensation for medical expenses and future costs for treatment such as adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to collect evidence to prove the malpractice that caused your child's brachial-plexus injury and may include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, he will start a lawsuit against defendants. They are typically the medical professionals that gave your child. The defendants will be given a specific amount of time to reply to the lawsuit. during this discovery stage, both sides will gather more evidence to support their assertions.

Most lawsuits settle out of court, rather than go to trial, because it's cheaper for all parties involved. If your attorney is confident that they will prevail in the case at trial, they might decide to go to a jury verdict. A successful verdict will provide families with a sense of justice and help educate people about ways to avoid future birth injuries. However, if your verdict is not favorable to you it is possible to appeal the decision. While this process could take more time however, it could also increase the amount of the compensation you receive.