Erb's Palsy Litigation

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

If you win your lawsuit, your family will receive compensation for medical bills of your child as well as future treatment. Find out more about Erb's palsy lawsuit procedure.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the particular situation. It could easily be millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process and save your family from facing jurors or judges. If your family is unable to come to a deal then you'll need to appear in the court. This can take a significant amount of time, but could also result in a bigger amount.

The brachial complex is a collection of nerves that control movement in the arm. During labor and birth excessive forceful pulling of the neck, head or shoulders, or on arms, could cause damage to these nerves, leading to erb's palsy lawyer palsy. This condition is usually avoidable. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to create awareness about this birth injury that could have been prevented. In the past these lawsuits have helped families secure an appropriate financial settlement to help their child get back on course.

Arbitration or Mediation

If your child was injured during the womb due to medical negligence and has suffered brachial palsy, an Erb's Palsy settlement could help you pay for their treatment. This could include treatment, therapy aids, assistive devices, as well as surgeries.

Many lawsuits are settled out of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital's lawyers will probably seek to negotiate a settlement before the trial begins.

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

You will also need copies of all legal documents and witnesses to be present at the hearing. Witnesses can attend the hearing in person or you can submit their statements through video conferencing. Subpoenas need to be sent in advance to all witnesses in order that they are aware the requirement to attend the hearing. Also, keep the numbers of your witnesses and addresses in the file in case you have to contact them for witnesses in the future.

Complaints in Court

Many children with Erb's Palsy are able to overcome physical limitations by regular physical therapy. Some children may require surgery to repair the torn nerve fibers. Many children do not recover and are forced 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 fair compensation.

To determine the value of your case, your lawyer will work with specialists in treating these conditions to create a cost-of-living estimate. This will help determine the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also assist to obtain copies of your child’s medical records and determine whether or not the doctor who performed surgery on your child's diagnosis had a prior medical malpractice case.

Once your lawyer has a thorough understanding of your child's injuries, she will file your lawsuit against the defendants. Both parties will undergo the discovery phase, which includes exchanging evidence such as expert opinions, depositions and medical documents and more. This is an essential part of your legal case as it allows you to construct your case. Settlements can take up to one year.

Settlement

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

Your lawyer will require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This may include medical records and testimony from witnesses as well as expert testimony. After your lawyer has collected this evidence, they'll start a lawsuit against the defendants, Erb's palsy lawsuit who are usually the medical professionals who delivered your child. The defendants will then be given a certain amount of time to reply to the suit, and during the discovery phase, both sides will gather more evidence to support their assertions.

Most lawsuits settle out of court, rather than going to trial, since it's cost-effective for all parties involved. If your lawyer is confident that they will prevail in the case in court, they might decide to try to get a jury verdict. A successful verdict could give families a sense of justice and help educate people about ways to avoid future birth injuries. If the verdict you receive is not favorable, you can appeal. This process may take longer, but can increase the amount you are awarded.