Erb's Palsy Litigation

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

A successful lawsuit could grant your family members compensation for child's medical bills as well as future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

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

Many Erb's palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and defendant work together to find an agreement that is acceptable to both parties. This can significantly shorten the legal process, and also prevent your family from having to face an attorney or a jury. However, if your family members cannot reach the terms of settlement, you'll need to go to trial. It can take a long time, however, it could result in a higher amount.

The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head, arms, or shoulders during labor and deliverylike when doctors employ forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also wish to raise awareness of this birth injury that could have been avoided. In the past, these lawsuits have helped families obtain an appropriate financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured by an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's settlement can help you pay for their treatment. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a judge overturning a jury verdict. Your lawyer and hospital's attorneys are likely to attempt to negotiate an agreement prior to the trial gets underway.

If you're unable to settle your dispute the case will go to arbitration. This means that a neutral third party will take in both sides and decide who wins the lawsuit. This hearing is more informal than a court case, but it is important to present witnesses and other physical evidence.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can either witness your witnesses attend the hearing or give statements via videoconferencing. Subpoenas must be sent in advance to all witnesses to ensure that they are aware of the requirement to attend the hearing. Additionally, you must have the addresses of your witnesses and phone numbers in case in case they are called to testify in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome their physical limitations by daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a significant proportion of children will not recover to a significant degree and will be forced to live with the limitations of this birth injury for the rest of their lives. Parents who believe their child's Erb's palsy was the result of medical negligence during the delivery process have the right claim fair compensation for their child's injuries.

To establish the value of your case Your lawyer will work with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This determines the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer will also help you obtain copies of your child's medical records and determine if the doctor responsible for your child's birth had previous malpractice cases.

Once your lawyer has identified the injuries of your child then she will bring a lawsuit against the defendants. Both parties will be involved in the discovery phase that involves exchanging evidence such as expert opinions, depositions, additional medical records and more. This is an important part of your legal argument because it helps you build your arguments. It can take as long as an entire year before you can reach a settlement.

Settlement

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

Your lawyer must gather evidence to prove mistake that led to your child's brachial plexus injury, which could include medical records, witness statements, and expert testimony. After your lawyer has gathered the evidence, he will make a claim against the defendants. These are usually the medical professionals who provided your child with. The defendants will then be given a specified time frame to respond. In the discovery phase, each side will gather evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial since it is cost-effective for all parties involved. If your attorney is confident that they will prevail in the case in court it could be decided to pursue it to an appeal to a jury verdict. A successful verdict in a birth injury lawsuit can bring families a sense of justice, and erb's Palsy also help to raise awareness to prevent these types of injuries from happening in the future. If your verdict isn't favorable you can appeal. While this process could take longer, it can also increase the amount of the compensation you receive.