Erb's Palsy Litigation

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

A successful lawsuit could award your family compensation for child's medical bills as well as future treatment. Learn more about the Erb's syndrome lawsuit process.

The Legal Process

The most popular reason families file an erb's palsy attorney palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement will depend on your child's specific case 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 for both plaintiff and defendant collaborate to negotiate an acceptable settlement to both parties. This can speed up the legal process by a significant amount and spare your family from having a judge or jury decide their case. If your family is unable to reach an agreement on a settlement and you are unable to reach a settlement, you must go to the court. This can take a considerable amount of time, but can also result in a bigger settlement.

The brachial complex is a collection of nerves that control movement within the arm. Forcing the neck, head, arms or shoulders during labor and delivery- such as when doctors make use of forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. In many instances, the injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to raise awareness about this birth injury that could have been avoided. In the past these lawsuits have helped families get a fair financial settlement and get their child's life back on course.

Arbitration or Mediation

If your child sustained an injury to the brachial nerve in the womb due to medical negligence, an erb's palsy law firms Palsy settlement can help pay for his or her treatment. This could include treatment, therapy as well as assistive devices and operations.

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

If you're unable to agree to a settlement the case will go to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. The hearing may be more informal than a trial, however it's important to present witnesses and evidence for the proceedings.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can either invite your witnesses to the hearing or provide their testimony via video conferencing. You must ensure that all of your witnesses are aware that they are required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you should have the addresses of your witnesses and phone numbers on file in case they're called as witnesses in the future.

A complaint to the court

Many children with Erb's Palsy can overcome physical limitations through regular physical therapy. Some children may require surgery to repair damaged nerve fibers. However, a significant number of children do not recover in any way and will be left with the handicaps of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

To determine the worth of your case Your lawyer will work with doctors who are experts in treating these ailments to create a cost-of-living estimate. This helps determine how much you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also assist you get copies of your child's medical records, and look into whether the doctor who treated your child's diagnosis had a prior record of malpractice cases.

When 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 will go through the discovery phase which includes exchanging evidence like expert opinions, depositions and erb's palsy Lawsuit medical records, and more. This is an essential part of the legal process as it allows both sides to present their case. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation that covers medical costs and future treatment costs which include adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial area in your child. This could include medical records and witness statements as well as expert testimony. Once your lawyer has gathered the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals who provided your child with. The defendants are then given a set period of time to respond. In the discovery phase each side will gather evidence to prove its case.

Most lawsuits are settled out of court rather than go to trial, as it's more cost-effective for the parties involved. If your attorney is confident that they can win the case at trial, they might decide to try to get an appeal to a jury verdict. A successful verdict can bring families a sense that justice has been done and help spread awareness about how to prevent future birth injuries. If your verdict isn't favorable you can appeal. While this process could take more time but it also can increase the amount of the amount you are awarded.