Erb's Palsy Litigation

In the aftermath of your child's brachial injury can help bring you and your family closure. The process of suing can be complex and requires an experienced lawyer.

If you win your lawsuit, your family will receive compensation for medical expenses of your child and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical expenses and other expenses. The amount of money offered in a settlement depends on the particular case of your child and the severity of their injuries but can easily soar into the thousands of dollars.

Many erb's palsy attorney palsy lawsuits are settled out of court. The lawyers of both the plaintiff and defendant will collaborate to negotiate an acceptable settlement to both parties. This can drastically cut down on the legal process, and also prevent your family from having to go before a judge or jury. If your family is unable come to a deal and you are unable to reach a settlement, you must appear in the court. This can also take a long time, but it could also result in a bigger award.

The brachial nerves control the movement of the arm. Forcing the neck, head, arms or shoulders during labor and delivery- such as when doctors use forceps or vacuum extractors excessively -- can cause damage to the nerves and cause Erb's palsy. In many instances, the injury is preventable. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to create awareness of this birth injury which could have been avoided. In the past the lawsuits have helped families get an appropriate financial settlement to get their child's life back on path.

Mediation or Arbitration

If your child was injured while in the womb by medical negligence, and suffered from brachial palsy, an Erb's Palsy settlement could help you pay for their care. This can include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will probably seek to negotiate a settlement prior to the trial beginning.

If you are unable to agree to a settlement the case will go to arbitration. A neutral third party will consider both sides and decide who wins the case. This type of hearing is more informal than a court trial but it is important to present witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. You may either have your witnesses attend the hearing or provide their statements through video conferencing. Subpoenas need to be sent in advance to all witnesses in order that they are aware of the requirement to be present at the hearing. Keep the names of witnesses' telephone numbers and addresses in the file in case you need to call them as a future witness.

Complaints in Court

Many children suffering from the condition Erb's-Palsy can overcome their physical limitations by intensive daily physical therapy. Some will require surgery to repair damaged or damaged nerve fibers. A large number of children do not recover and are forced to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair amount of compensation.

Your lawyer will work with doctors that specialize in treating this condition. They will create an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also help you get copies of your child’s medical records, and also determine whether or not the doctor who gave you your child's care had a history of malpractice cases.

If your lawyer has a clear knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal argument because it allows you to build your case. It could take up to one year to settle a case.

Settlement

If your Erb's-Pallsy lawsuit is a success your lawyer could be able to secure compensation to pay for medical costs including future treatment costs, adaptive devices along with physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial area in your child. This could include medical records, testimony from witnesses as well as expert testimony. Once your lawyer has gathered the evidence, he will make a claim against the defendants. They are typically the medical professionals that gave your child. The defendants will then be given a certain amount of time to respond to the suit, and during the discovery phase, both sides will gather additional evidence to support their assertions.

Most lawsuits are settled outside of court, rather than going to trial because it's more cost-effective for erb's palsy lawsuits everyone involved. However, if your attorney is confident they can win in court, they could choose to take the case all the way to a verdict by a jury. A successful verdict can give families a sense of justice and help spread awareness about how to prevent future birth injuries. If your verdict isn't favorable you may appeal. This process may take longer, but it will increase the amount you are awarded.