Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial-plexus injury can help bring your family and you closure. However, the process of litigation is a bit complicated and requires skilled 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 litigation process.

The Legal Process

Families file Erb's-Palsy lawsuits to get reimbursement for medical expenses and other expenses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular situation. It could easily amount to millions of dollars.

Many of the lawsuits involving Erb's Psy settle out of court. The lawyers for 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 spare your family from having a jury or judge decide the case. If your family is unable agree on a settlement the family will have to appear in the court. This can take a considerable amount of time, but it could also result in a larger award.

The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head, or shoulders or on arms, could damage these nerves, causing Erb's palsy. This injury is often avoidable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to raise awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families obtain an appropriate financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured by a brachial plexus injury during pregnancy due to medical negligence, an erb's palsy lawyer Palsy settlement can help you pay for his or her care. This may include therapy, treatment as well as assistive devices and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation faster and prevents the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital attorneys will most likely try to come to an agreement before the trial starts.

If you're not able to agree to a settlement the case will be taken to arbitration. This means that a neutral third party will take in both sides and decide who will win the case. This type of hearing can be more informal than a trial, however it is important to provide witnesses and evidence in the hearing.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can have your witnesses attend the hearing or give statements using video conferencing. Subpoenas need to be sent in advance to all witnesses in order they are aware the requirement to be present at the hearing. You should also keep your witnesses' numbers and addresses on file in case you have to contact them for witnesses in the future.

A complaint to the court

Many children who suffer from Erb's syndrome can overcome their physical limitations by intensive daily physical therapy. Some may require surgery to fix torn or damaged nerve fibers. However, a substantial proportion of children don't recover in any way and will have to live with the limitations of this birth injury for the rest of their life. 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 that specialize in treating this condition. They will create an estimated cost of living for life estimate. This will help you determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer will also help you get copies of your child's medical records and determine if the doctor involved in the birth of your child had prior experience with similar malpractice cases.

If your lawyer has a clear understanding of the child's injuries she will start a lawsuit against defendants. Both parties will go through the discovery process, which includes exchanging evidence like expert opinions, titusville erb's palsy lawsuit depositions, additional medical records, and more. This is an important part of your legal case because it allows you to develop your arguments. Settlements can take as long as one year.

Settlement

If your titusville Erb's palsy lawsuit Palsy lawsuit is successful the lawyer may be able obtain compensation to pay for medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer must gather evidence to prove the error that caused your child's brachial plexus injury, which could include medical records, witness statements, and expert testimony. After your lawyer has collected this evidence, they'll make a claim against the defendants, which are typically the medical professionals who gave your child. The defendants will then be given a specified amount of time to respond. In this discovery phase each side will gather evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial as it's more cost-effective for all parties involved. However, if your attorney is confident they can win in court, they could choose to take the case to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and can help increase awareness in order to prevent these types of injuries from occurring in the future. However, if your verdict is not in your favor then you may appeal the decision. While this process could take more time, it can also increase the amount of the amount you are awarded.