Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family members find closure. However, the process of litigation is complicated and requires experienced legal representation.

A successful lawsuit could grant your family compensation for your child's medical bills and any future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical costs and other losses. The amount of money offered in a settlement is dependent on the specific situation of your child and the extent of their injuries, but it can easily go into the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This could speed up the legal process by a significant amount and keep your family from having a jury or judge decide their case. However, if the family is unable to reach the terms of settlement, you'll need to go to trial. It can take a long time but it could also result in a larger award.

The brachial nerves control the movement of the arm. A forceful pull on the neck, head, arms, or shoulders during labor and lawsuits birthlike when doctors use forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to Erb's palsy. This injury is often prevented. Families file lawsuits to make negligent healthcare providers accountable for the harm they cause. They also wish to raise awareness of the birth injury that could have been avoided. In the past, these lawsuits have helped families secure an appropriate financial settlement to get their child's life back on path.

Arbitration or Mediation

If your child was injured in the womb by medical negligence and suffered brachial paralysis, an Erb's settlement for palsy can help cover the cost of their treatment. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle 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 attorneys are likely to seek an agreement before the trial gets underway.

If you fail to reach an agreement, the case will be referred to arbitration. A neutral third party will consider both sides and determine who wins the case. This type of hearing is more informal than a court trial but it is essential to present witnesses and other physical evidence.

You will also require copies of all legal documents as well as witnesses to present at the hearing. Witnesses can attend the hearing in person or you can present their testimony through video conference. You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have their addresses and contact numbers on file in case they are called to testify in the future.

Complaints in Court

Many children with erb's palsy attorneys -Pallsy can overcome physical limitations through intense physical therapy every day. Some children will need surgery to repair damaged nerve fibers. A significant number of children will never recover and have to live with the consequences of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with doctors who are experts in treating this condition to create an annual cost of living estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer will also help you get copies of the medical records for your child and determine if the doctor responsible for the birth of your child had prior experience with similar malpractice cases.

If your lawyer has a clear understanding of the harms your child has suffered, she will start a lawsuit against defendants. Both parties will be involved in the discovery phase that involves exchanging evidence including expert opinions, depositions and medical records and more. This is a crucial part of your legal case as it helps you build your case. It can take as long as one year to reach a settlement.

Settlement

If your lawsuit against Erb's Palsy is a success your lawyer could be able to secure compensation to cover medical expenses, future treatment costs and adaptive devices, as well as physical therapy. You could be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the brachial plexus injury in your child. This may include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has gathered the evidence, they will make a claim against the defendants. They are typically the medical professionals that gave your child. The defendants are given a set amount of time to reply to the lawsuit. during this discovery stage, both sides will gather more evidence to support their claims.

Most lawsuits settle out of court rather than go to trial, since it's cost-effective for all parties involved. However, if your attorney is confident that they will prevail at trial, they may decide to take the case all the way to a jury verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and can help increase awareness to prevent these types of injuries from happening in the future. If your verdict is not in your favor it is possible to appeal the decision. While this process can take more time, it can also increase the amount of compensation you receive.