Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could aid you and your family members find closure. The process of suing can be complicated and requires a skilled lawyer.

If you prevail in your lawsuit, your family could be awarded compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money that is awarded in a settlement will depend on the specific situation of your child and the severity of their injuries however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This can drastically cut down on the legal process and prevent your family from having to face jurors or judges. If your family is unable to come to a deal, you will need to go to the court. This can take a considerable amount of time, but could also result in a larger award.

The brachial nerves control the movement of the arm. A forceful pull on the neck, head, Erb's Palsy Lawsuit shoulders or arms during labor and delivery -such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage the nerves and cause Erb's palsy. This type of injury is usually avoidable. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also seek to raise the word about this birth injury that could have been avoided. In the past these lawsuits helped families secure an appropriate financial settlement to help their child get back on path.

Mediation or Arbitration

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

Many lawsuits settle outside of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a judge could invalidate a verdict handed down by jurors. Your lawyer and hospital's attorneys will likely try to reach a settlement prior Erb's Palsy Lawsuit to when the trial starts.

If you are unable to reach an agreement, the case will go to arbitration. This means that an impartial third party will hear both sides and decide who will win the case. This hearing is more informal than a court trial but it is essential to have witnesses present and physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to present at the hearing in person or you can provide their statements via video conference. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. In addition, you must have their addresses and contact numbers on file in case they're called as witnesses in the future.

A complaint to the court

Many children who suffer from erb's palsy attorneys palsy can overcome their physical limitations with regular physical therapy. Some will require surgery to fix torn or separated nerve fibers. Many 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 fair compensation.

To determine the value of your case your lawyer will collaborate with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This determines the amount you are entitled to receive from the settlement you received for your erb's palsy attorneys syndrome. Your lawyer can also help to obtain copies of your child’s medical records and determine whether the doctor who treated your child's diagnosis had a prior history of malpractice cases.

When your lawyer has a solid knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will undergo the discovery phase, which includes exchanging evidence such as expert opinions, depositions, medical records and more. This is an essential part of the legal process because it gives both sides the chance to build their 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 secure compensation to cover medical expenses and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of living.

Your lawyer must gather evidence to prove error that caused your child's brachial-plexus injury, which could include medical records, witness statements, and expert testimony. After your lawyer has gathered this evidence, they will bring the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants will be given a set amount of time to reply to the lawsuit, and during this process of discovery each side will gather additional evidence to back their claims.

Most lawsuits settle out of court, rather than going to trial, as it's more cost-effective for all parties involved. If your lawyer is confident that they will prevail at trial, they may choose to take the case all the way to a jury verdict. A successful verdict could provide families with a sense of justice and raise awareness about how to prevent future birth injuries. However, if your verdict is not favorable to you then you may appeal the decision. This could take a bit longer, but it could increase the amount you get.