Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family members find closure. The litigation process can be complicated and requires an experienced lawyer.

If you prevail 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

Families file erb's palsy lawsuits (see) to get reimbursement for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the specific situation of your child and erb's Palsy lawsuits the extent of their injuries, but can easily soar into the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers of both the plaintiff and the defendant will collaborate to reach an agreement that is acceptable to both parties. This can significantly shorten the legal process and prevent your family from having to appear before the jury or judge. If your family is not able to come to a deal and you are unable to reach a settlement, you must go to the court. This can take a lot of time, however it can also result in a larger settlement.

The brachial nerves control the movement of the arm. Forcing the neck, head, arms or shoulders during labor and deliverylike when doctors employ forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. The injury is often avoidable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also seek to increase awareness about this birth injury which could have been prevented. In the past these lawsuits helped families secure a fair financial settlement and help their child get back on the right track.

Arbitration or Erb's palsy lawsuits Mediation

If your child sustained an injury to the brachial area during birth due to medical negligence, an erb's palsy attorneys palsy settlement can help you to pay for the treatment. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits settle without court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will likely attempt to negotiate a settlement before the trial starts.

If you are unable to come to a deal the case will go to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This hearing is more informal than a court trial, however it is vital 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. Witnesses may be required to present at the hearing in person, or they can give their testimony via video conference. You must ensure that all of your witnesses are aware they will be required to appear at the hearing by submitting subpoenas before the hearing. Keep your witnesses' numbers and addresses on file in case you need to contact them for witnesses in the future.

Complaints in the Court

Many children who suffer from Erb's palsy can overcome physical limitations with daily physical therapy. Some children may require surgery to repair damaged nerve fibers. A large number of children are never able to recover and must continue to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair amount of compensation.

To establish the value of your case Your lawyer will work with doctors who are experts in treating these ailments to develop a life-long cost-of-living estimate. This determines the amount you're entitled to from your erb's palsy attorney palsy settlement. Your lawyer will also help you get copies of the medical records for your child and determine if the doctor who performed the birth of your child had previous malpractice cases.

Once your lawyer understands the injuries of your child then she will file a lawsuit against the defendants. Both parties will go through the discovery phase which involves exchanging evidence like expert opinions, depositions, medical documents and more. This is an important part of your legal defense because it allows you to develop your case. Settlements can last up to one year.

Settlement

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

Your lawyer must gather evidence to prove negligence that caused your child's brachial plexus injury which could include medical records, witness statements and expert testimony. After your lawyer has collected the evidence, they'll bring the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants will then be given a specific amount of time to reply to the suit, and during the discovery phase, both sides will gather additional evidence to back their assertions.

Most lawsuits are settled out of court rather than go to trial, since it's more cost-effective for all parties involved. However, if your attorney believes that they can win in court, they could choose to take the case all the way to an appeals court verdict. A successful verdict can provide families with a sense of justice and raise awareness about ways to avoid future birth injuries. However, if the verdict is not favorable to you then you may appeal the decision. While this process could take longer, it can also increase the amount of the amount you are awarded.