Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could aid you and your family members find closure. The process of litigation is complicated and requires an experienced lawyer.

A successful lawsuit can award your family members compensation for child's medical bills and any future treatment. Read on to learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on your child's specific case and the severity of their injuries but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can drastically reduce the legal process and avoid your family from having to face an attorney or a jury. If your family members are unable to agree on an agreement, you'll have to go to trial. This could take a long time, but it can also potentially result in a larger award.

The brachial area is a group of nerves which control movement in the arm. Forcing the neck, head arms or shoulders during labor and delivery- such as when doctors use forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. This injury is often prevented. Families seek to make negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past these lawsuits have allowed families to obtain an equitable financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child has suffered an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's settlement can help to pay for Erb's Palsy the treatment. This could include treatment, therapy devices, assistive devices, and operations.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers are likely to attempt to reach an agreement before the trial gets underway.

If you fail to reach an agreement, the case will be referred to arbitration. A neutral third party will hear both sides and determine who wins the case. This type of hearing is more informal than a court case, but it is essential to present witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can choose to invite your witnesses to the hearing or provide their statements using video conferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas ahead of time. In addition, you must keep your witnesses' addresses and phone numbers on file in case they're called as a witness in the future.

Complaint to the Court

Many children who suffer from Erb's palsy can overcome their physical limitations by daily physical therapy. Some children require surgery to repair the torn nerve fibers. A large number of children will never recover and have to live their lives with the consequences of this birth injury. Parents who believe that their child's erb's palsy lawyer palsy was due to negligence in the delivery procedure have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create a lifetime cost of living estimate. This will help determine 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 the doctor involved in the birth of your child had previous malpractice cases.

When your lawyer has a thorough understanding of your child's injuries after which 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, additional medical documents, and so on. This is a vital part of your legal proceeding as it allows both sides to construct their arguments. Settlements can take up to one year.

Settlement

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

Your lawyer will need evidence to prove that a mistake caused the brachial plexus injury in your child. This could include medical records as well as witness statements as well as expert testimony. Once your lawyer has gathered the evidence, they'll bring the lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants will be given a specified amount of time to reply to the lawsuit, and during this process of discovery, both sides will gather additional evidence to prove their assertions.

Most lawsuits are settled out of court instead of going to trial due to the fact that it is cheaper for all parties involved. If your lawyer believes that they can win in court, they could decide to pursue the case all the way to an appeals court verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice, and also help to raise awareness in order to prevent these types of injuries from happening in the future. If your verdict is not favorable you may appeal. While this process can take more time however, it could also increase the amount of the amount you are awarded.