Erb's Palsy Litigation

In the aftermath of your child's brachial injury can bring you and your family closure. The process of litigation can be complicated and requires a skilled lawyer.

A successful lawsuit could grant your family members compensation for child's medical bills and any future treatment. Find out more about erb's palsy law firm palsy lawsuit process.

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 that is awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out 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 by a significant amount and keep your family from having a jury or judge decide on their case. If your family members are unable to agree on the terms of settlement, you'll need to go to trial. This could take a long amount of time, but it could also result in a larger award.

The brachial plexus is a group of nerves that regulate movement in the arm. Forcing the neck, head, arms, or shoulders during labor and birthlike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to the nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also seek to increase awareness of the birth injury that could have been prevented. In the past, these lawsuits have helped families obtain an equitable settlement in order to ensure their child's future.

Mediation or Arbitration

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

Many lawsuits are settled out of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a judge could overturn a verdict awarded by the jury. Your lawyer and hospital's attorneys will likely try to reach an agreement before the trial gets underway.

If you are unable to reach an agreement, your case will be referred to arbitration. A neutral third party will consider both sides and decide who wins the case. This hearing is more informal than a court case, but it is essential to have witnesses present and physical evidence.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can have witnesses present at the hearing in person or they can give their testimony through video conference. Subpoenas must be sent in advance to all witnesses to ensure they are aware the requirement to attend the hearing. In addition, you must have their addresses and contact numbers on file in case they're called as witnesses in the future.

Complaints in Court

Many children suffering from the condition Erb's-Palsy can overcome their physical limitations with intensive daily physical therapy. Some may require surgery to repair damaged or separated nerve fibers. A large number of children are never able to recover and must continue to live suffering the effects of this birth injury. Parents who believe their child's Erb's palsy was the result of medical negligence during the delivery process are entitled to claim an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors who are experts in treating this condition. They will create the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor who was involved in your child's birth had previous malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will go through the discovery phase which includes exchanging evidence like expert opinions, depositions medical records, and more. This is an essential part of your legal case because it allows you to construct your case. It can take as long as an entire year to reach a settlement.

Settlement

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

Your lawyer will require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This could include medical records, witness statements, as well as expert testimony. Once your attorney has gathered the evidence, they'll bring the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants are then given a set time frame to respond. In this discovery phase, each side will gather evidence to support their claims.

Most lawsuits settle out of court rather than go to trial, because it's more cost-effective for all parties involved. If your lawyer believes they will win at trial, they may decide to take the case to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense justice and raise awareness to prevent these types of injuries from happening in the future. If your verdict is not favorable to you You can appeal the decision. This could take a bit longer, but can raise the amount you receive.