Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could aid you and your family get closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

A successful lawsuit could grant your family compensation for child's medical bills and any future treatment. Learn more about the erb's palsy lawyers palsy lawsuit process.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon 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 settled outside of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can significantly shorten the legal process and prevent your family from having to face an attorney or a jury. If your family is unable to reach a settlement you will have to go to trial. This can take a long time but it could also result in a bigger award.

The brachial area is a group of nerves that control movement within the arm. Forcing the head, neck, arms, or shoulders during labor and birthlike when doctors employ forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. This injury is often preventable. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also want to create awareness of the birth injury that could have been avoided. In the past the lawsuits have helped families secure an equitable financial settlement and get their child's life back on course.

Arbitration or Mediation

If your child was injured by an injury to the brachial area in the womb due to medical negligence, an Erb's settlement can help you pay for their treatment. This could include therapy, treatment as well as assistive devices and surgeries.

Many lawsuits are settled outside of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will most likely attempt to reach an agreement before the trial gets underway.

If you're unable to agree to a settlement the case will go to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. The hearing may be more informal than a trial, however it is crucial to present physical evidence and witnesses for the hearing.

You will also require copies of all legal documents and witnesses to be present at the hearing. Witnesses can present at the hearing in person, or you can present their testimony through video conferencing. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. In addition, you must keep your witnesses' addresses and contact numbers on file in case they are called as witnesses in the future.

A complaint to the court

Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some children will need surgery to repair the torn nerve fibers. However, a substantial proportion of children will not recover in any way and will be left with the handicaps of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb's palsy was due to negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for their child's injuries.

To determine the worth of your case, your lawyer will work with doctors who are experts in treating these conditions to develop a lifetime cost-of-living estimate. This helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer will also help you get copies of the medical records for your child and investigate whether the doctor who performed your child's birth had a history of similar malpractice cases.

When your lawyer has a thorough understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will go through the discovery process which includes exchanging evidence like expert opinions, depositions medical documents, and so on. This is a crucial part of your legal defense because it helps you build your case. Settlements can take up to one year.

Settlement

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

Your lawyer will require evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well expert testimony. After your lawyer has collected this evidence, they'll bring the lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants are given a specified period of time to respond to the lawsuit, and during this process of discovery both sides will gather additional evidence to prove 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 confident that they will win the case in court it could be decided to take it to the jury. A successful verdict in a birth injury lawsuit could give families a sense of justice and Erb's help raise awareness in order to prevent these types of injuries from happening again in the future. If your verdict is not favorable to you then you may appeal the decision. This process may take longer, but it could increase the amount you get.