Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family get closure. However, the litigation process is complicated and requires experienced legal representation.

If you win your lawsuit, your family could receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other expenses. The amount of money offered in a settlement is contingent upon the specific situation of your child and the severity of their injuries, but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and defendant collaborate to negotiate a settlement that is acceptable to both parties. This can speed up the legal process considerably and spare your family from having a jury or judge decide their case. However, if the family members are unable to agree on the terms of settlement, you'll need to go to trial. This can take a lot of time, but could also result in a bigger award.

The brachial plexus is a set of nerves that control movement in the arm. During labor and birth, excessive forceful pulling of the neck, Erb's palsy lawsuits head or shoulders or on the arms, can cause damage to these nerves, leading to Erb's palsy. This injury is often preventable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to raise awareness about this birth injury that could have been prevented. In the past these lawsuits have helped families receive a fair financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured while in the womb by medical negligence and was later diagnosed with brachial palsy, anErb's Settlement for palsy could help you pay for their treatment. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys will likely try to come to an agreement prior to the trial beginning.

If you fail to reach an agreement, the case will go to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This type of hearing is more informal than a court case, but it is important to present witnesses and physical evidence.

It is also necessary to 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 you can present their testimony via video conference. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas prior to the hearing. Keep the names of witnesses' telephone numbers and addresses on file, in case you need to contact them as witnesses in the future.

Complaints in Court

Many children suffering from erb's palsy attorney syndrome can overcome physical limitations through intense physical therapy every day. Some children will require surgery to repair the torn nerve fibers. A large percentage of children do not recover and are forced to live with the effects of this birth injury. Parents who believe their Erb's palsy in their child was the result of medical negligence during the birth process are entitled to claim fair compensation for the injuries suffered by their child.

To determine the worth of your case your lawyer will collaborate with doctors who specialize in treating these ailments to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also help to obtain copies of your child’s medical records, and look into whether or not the doctor who gave you your child had a previous history of malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an important part of your legal argument because it allows you to develop your arguments. It can take up an entire year to reach a settlement.

Settlement

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

Your lawyer will need to gather evidence to prove the negligence that caused the brachial plexus injury to your child which could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, he will file a lawsuit against the defendants. These are usually the medical professionals that provided your child with. The defendants are then given a certain amount of time to respond. In the discovery phase the parties will gather evidence to support their claims.

Most lawsuits are settled outside of court, rather than going to trial as it is more cost-effective for everyone involved. If however, your attorney believes they will win at trial, they may decide to take the case all the way to a jury verdict. A successful verdict could provide families with a sense of justice and increase awareness of how to avoid any future birth injuries. However, if the verdict is not favorable to you it is possible to appeal the decision. This process may take longer, but it will raise the amount you receive.