Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family find closure. The litigation process can be complicated and requires a skilled lawyer.

A successful lawsuit may award your family members compensation for child's medical bills and future treatment. Find out more about Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical costs and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can speed up the legal process considerably and save your family from having a judge or jury decide the case. If, however, your family is unable to reach a settlement you will have to go to trial. This can take a lot of time, but it could also result in a larger settlement.

The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling on the neck, head, shoulders, or on the arms can cause damage to these nerves, leading to Erb's palsy. In many instances, the injury is preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past, these lawsuits helped families get an affordable financial settlement to support their child's future.

Mediation or Arbitration

If your child was injured in the womb due to medical negligence and has suffered brachial palsy, an erb's palsy law firm Settlement for palsy could help you pay for their treatment. This can include surgeries, therapy, assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and Erb's Palsy lawsuits hospital's attorneys are likely to attempt to reach an agreement prior to the trial starts.

If you're not able to settle your dispute, your case will proceed to arbitration. This means that a neutral third party will hear both sides and determine who will win the lawsuit. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence to the proceedings.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to have your witnesses attend the hearing or submit their testimony via video conferencing. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you should have your witnesses' addresses and phone numbers on file in the event that they are needed as a witness in the future.

A complaint to the court

Many children suffering from Erb's Palsy can overcome physical limitations with regular physical therapy. Some may require surgery to fix torn or separated nerve fibers. Many children do not recover and are forced to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb's paralysis was the result of negligence in the delivery procedure have the right to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will work with specialists in treating this condition to develop an annual 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 assist you obtain copies of your child's medical records and determine whether or not the doctor who treated your child's diagnosis had a prior history of malpractice cases.

When your lawyer is aware of the harms your child has suffered, she will file a lawsuit against the defendants. Both parties will go through the discovery phase that involves exchanging evidence like expert opinions, depositions, medical records, and more. This is a crucial aspect of your legal action because it gives both sides the chance to present their case. It could take up to an entire year before you can negotiate a settlement.

Settlement

If your Erb's palsy lawsuit is successful the lawyer may be able to get compensation to cover medical expenses as well as future treatment costs. adaptive devices along with physical therapy. You could receive damages due to emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove the negligence that caused the brachial plexus injury to your child and may include medical documents, witness statements, and expert testimony. Once your attorney has gathered this evidence, they will start a lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants are then given a certain period of time to respond. In this phase of discovery each side will gather evidence to back up their claims.

Most lawsuits are settled out of court instead of going to trial as it's more cost-effective for everyone involved. If your lawyer is confident that they can win the case in court they may decide to try to get an appeal to a jury verdict. A successful verdict could give families a sense of justice and help educate people about how to prevent future birth injuries. However, if your verdict is not favorable to you it is possible to appeal the decision. This could take a bit longer, but it could raise the amount you receive.