Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial injury can bring your family and you closure. However, the process of litigation is complex and requires skilled legal representation.

A successful lawsuit may award your family compensation for your child's medical expenses and future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific situation. It could easily amount to millions of dollars.

Many terre haute erb's palsy law firm palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This could speed up the legal process by a significant amount and prevent your family from having a judge or jury decide the case. If your family members are unable to agree on a settlement you will have to go to trial. This can take a considerable amount of time, however it can also result in a larger amount.

The brachial area is a group of nerves which control movement in the arm. Forceful pulling on the head, neck, arms or shoulders during labor and birthsuch as when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past, these lawsuits have helped families obtain a fair settlement in order to ensure their child's future.

Arbitration or Mediation

If your child was injured while in the womb by medical negligence and suffered brachial sprains, an Erb's settlement for palsy can help pay for their care. This can include surgeries, therapy, assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a judge might overturn a decision made by the jury. Your lawyer and the hospital's lawyers are likely to attempt to reach an agreement prior to the trial begins.

If you're unable to reach a settlement your case will be sent to arbitration. This means that an impartial third party will be able to hear both sides and determine who will win the case. This hearing is more informal than a court trial, but it is important to present witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person, or they can give their testimony through video conferencing. Subpoenas must be issued in advance to all witnesses to ensure they are aware of the requirement to attend the hearing. Additionally, you should have their addresses and phone numbers in case in case they are called as a witness in the future.

Complaint in the Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intense daily physical therapy. Some will require surgery to repair sprained or separated nerve fibers. However, a significant proportion of children do not recover in any way and Erb's palsy lawsuit will be forced to live 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 palsy is a result of medical malpractice during the birth process are entitled to a fair amount of compensation.

To determine the value of your case your lawyer will collaborate with doctors who are experts in treating these ailments to develop a life-long cost-of-living estimate. This will help determine the amount you're entitled to from the erb's palsy lawyer palsy settlement. Your lawyer can also help you get 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 clear knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase, which includes exchanging evidence, including expert opinions, depositions, additional medical documents and more. This is an essential part of your legal action since it allows both sides to develop their arguments. It can take up to an entire year before you can arrive at a settlement.

Settlement

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

Your lawyer will need evidence to show that malpractice caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well as expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants are then given a set amount of time to respond. In this discovery phase each side will gather evidence to prove its case.

Most lawsuits settle out of court rather than go to trial, because it's cheaper for all parties involved. If your lawyer is confident that they will prevail in the case in court they may decide to try to get the jury. A successful verdict could provide families with a sense of justice and raise awareness about ways to avoid future birth injuries. If your verdict isn't favorable, you can appeal. Although this process may take more time, it can also increase the amount of the compensation you receive.