Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could aid you and your family find closure. However, the process of litigation is complicated and requires experienced legal representation.

A successful lawsuit can award your family members compensation for your child's medical bills and any future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical costs and other expenses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers representing both the plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties. This could cut down the legal process dramatically and save your family from having a judge or jury decide their case. If your family members cannot reach an agreement, you'll have to go to trial. This could take a long time, but it can also potentially result in a bigger award.

The brachial plexus is a group of nerves which control movement within the arm. A forceful pull on the neck, head arms, Erb's palsy lawsuits or shoulders during labor and birth- such as when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about the birth injury that could have been prevented. In the past these lawsuits have helped families receive an equitable financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured during the womb due to medical negligence, and suffered from brachial palsy, anErb's Settlement for palsy could help you to pay for their medical treatment. This could include therapy, treatment, assistive devices, and operations.

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

If you are unable settle your dispute the case will be taken to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, Erb's Palsy lawsuits however it is important to provide witnesses and evidence in the proceedings.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can either witness your witnesses attend the hearing or submit their statements via videoconferencing. Subpoenas should be sent in advance to all witnesses so that they are aware of the requirement to be present at the hearing. In addition, you must have your witnesses' addresses and phone numbers in case in case they're called as witnesses in the future.

A complaint to the court

Many children suffering from Erb's Palsy can overcome physical limitations through intense physical therapy every day. Some will require surgery to repair sprained or separated nerve fibers. A significant number of children will never recover and have to live their lives with the effects of this birth injury. Parents who believe their erb's palsy lawyers palsy in their child was the result of medical negligence during the delivery procedure have the right to claim fair compensation for their child's injuries.

To determine the worth of your case, your lawyer will work with doctors who specialize in treating these ailments to create a cost-of-living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist you get copies of your child’s medical records, and look into whether the doctor who performed surgery on your child had a previous medical malpractice case.

If your lawyer has a good knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both parties will go through the discovery process that involves exchanging evidence, including expert opinions, depositions, medical documents and more. This is an important part of your legal argument because it allows you to construct your arguments. It could take up to one year to arrive at a settlement.

Settlement

If your Erb's-Pallsy lawsuit is successful, your lawyer might be able obtain compensation to pay for medical costs including future treatment costs, adaptive devices, as well as physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This may include medical records and witness statements as well expert testimony. After your lawyer has gathered the evidence, he will start a lawsuit against defendants. These are usually the medical professionals that 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 prove its case.

Most lawsuits are settled outside of court rather than go to trial, as it's more cost-effective for all parties involved. If however, your attorney is confident they can win at trial, they may choose to take the case all the way to an appeals court verdict. A successful verdict can give families a sense of justice and increase awareness of how to avoid any future birth injuries. If your verdict isn't favorable you can appeal. While this procedure can take longer, it can also increase the amount of the compensation you receive.