Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family members find closure. However, the process of litigation is complex and requires skilled legal representation.

If you are successful in your lawsuit, your family could receive compensation for the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the particular case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically reduce the legal process and avoid your family from having to go before jurors or judges. If your family members cannot reach an agreement, you'll have to go to trial. This can take a long time but it could also result in a larger award.

The brachial nerves control the movement of the arm. A forceful pull on the neck, head arms, or shoulders during labor and delivery -like when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage the nerves and cause Erb's palsy. This injury is often prevented. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also wish to spread the word about this birth injury that could have been avoided. In the past these lawsuits helped families get an affordable financial settlement and help their child get back on the right track.

Mediation or Arbitration

If your child suffered an injury to the brachial area during pregnancy due to medical negligence, an Erb's Palsy settlement could help you pay for their treatment. This could include treatment, therapy aids, assistive devices, as well as operations.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a court could overturn a verdict awarded by a jury. Your lawyer and the hospital's attorneys will likely seek to negotiate a settlement before the trial starts.

If you're not able to reach a settlement your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This type of hearing is more informal than a court trial however it is vital to have witnesses present and physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can have your witnesses attend the hearing or provide their statements via videoconferencing. Subpoenas need to be sent in advance to all witnesses to ensure they are aware of the requirement that they attend the hearing. Additionally, you must have the addresses of your witnesses and phone numbers in case in case they're called as witnesses in the future.

Complaint to the Court

Many children suffering from williamston erb's palsy lawyer palsy can overcome their physical limitations with intense physical therapy every day. Some children will require surgery to repair damaged nerve fibers. A significant number of children will never recover and have to live their lives suffering the effects of this birth injury. Parents who believe their child's Erb's palsy was the result of negligence in the delivery procedure have the right to claim fair compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition to develop the lifetime cost of living estimate. This is used to determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and also determine whether the doctor who gave you your child's care had a record of malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase which involves exchanging evidence including expert opinions, depositions medical records, Erb's Palsy and more. This is an essential part of your legal case as it helps you build your arguments. Settlements can last for up to one year.

Settlement

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

Your lawyer must gather evidence to prove negligence that caused the brachial plexus injury to your child which could include medical records, witness statements, and expert testimony. Once your attorney has gathered the evidence, they will make a claim against the defendants, which are typically the medical professionals who delivered your child. The defendants are then given a certain period of time to respond. In this phase of discovery each side will collect evidence to support their claims.

Most lawsuits are settled out of court rather than going to trial because it is cheaper for everyone involved. If however, your attorney is confident that they will prevail in court, they might decide to take the case all the way to a verdict by a jury. A successful verdict in an injury lawsuit for birth can give families a sense of justice, and also help to raise awareness and prevent these types of injuries from happening in the future. If the verdict isn't favorable you can appeal. While this process can take longer but it also can increase the amount of the compensation you receive.