Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial injury can help bring your family and you closure. However, the process of litigation is complex and erb's Palsy lawsuit requires expert legal representation.

A successful lawsuit can award your family compensation for child's medical bills and any future treatment. Find out more about the redwood city erb's palsy law firm syndrome 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 awarded in a settlement depends on the specific situation of your child and the extent of their injuries, but it can easily go into the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and defendant collaborate to reach an acceptable settlement to both parties. This could cut down the legal process considerably and spare your family from having a judge or jury decide on their case. If your family members are unable to agree on a settlement and you are unable to reach a settlement, you must appear in the court. This can take a long time, but it could also result in a bigger award.

The brachial plexus is a group of nerves that control movement in the arm. Forcing the head, Erb's palsy lawsuit neck, arms, or shoulders during labor and birthlike when doctors use forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. The injury is often avoidable. Families seek to make negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about the birth injury that could have been avoided. In the past, these lawsuits have helped families obtain an appropriate financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured in the womb by medical negligence, and suffered from brachial sprains, an Erb's Palsy settlement can help you pay for their treatment. This may include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and the hospital's attorneys will likely seek to negotiate a settlement before the trial gets underway.

If you're unable to come to a deal the case will be taken to arbitration. A neutral third party will listen to both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it's important to present witnesses and evidence in the proceedings.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to present at the hearing in person or you can provide their statements through video conferencing. Subpoenas should be sent in advance to all witnesses so they are aware the requirement to be present at the hearing. You should also keep your witnesses' numbers and addresses in the file in case you have to call them as witnesses in the future.

Complaint in the Court

Many children suffering from Erb's syndrome can overcome their physical limitations with intense physical therapy every day. Some may require surgery to repair sprained or separated nerve fibers. However, a substantial proportion of children will not recover to a significant degree and must live with the handicaps of this birth injury for life. Parents who believe their child's Erb's paralysis was due to negligence in the delivery process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who are experts in treating this condition to create a lifetime cost of living estimate. This helps determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also help you get copies of your child's medical records, and also determine whether or not the doctor who treated your child's diagnosis had a prior history of malpractice cases.

Once your lawyer has identified the injuries suffered by your child and the child's injuries, she will make a claim against the defendants. Both parties will be involved in the discovery phase which involves exchanging evidence, including expert opinions, depositions, medical records, and more. This is an essential part of your legal argument because it allows you to develop your case. It can take up to one year to reach a settlement.

Settlement

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

Your lawyer must gather evidence to prove the error that caused your child's brachial plexus injury, which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals who have delivered your child. The defendants will then be given a specified period of time to respond to the lawsuit, and during this discovery stage both sides will gather more evidence to support their claims.

Most lawsuits settle out of court, rather than going to trial because it's more cost-effective for all parties involved. If your attorney is confident that they will win the case at trial it could be decided to go to the jury. A successful verdict in a birth injury lawsuit could give families a sense justice and raise awareness to prevent these kinds of injuries from occurring in the future. If your verdict isn't favorable you may appeal. While this process can take more time but it also increases the amount of compensation you receive.