Erb's Palsy Litigation

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

A successful lawsuit may award your family compensation for your child's medical bills and future treatment. Learn more about the Erb's-Palsy lawsuit process.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and the defendant will collaborate to reach an agreement that is acceptable to both parties. This could speed up the legal process dramatically and save your family from having a judge or jury decide their case. If your family members are unable to agree on a settlement and you are unable to reach a settlement, you must go to court. This can take a significant amount of time, but can also result in a larger award.

The brachial area is a group of nerves that regulate movement within the arm. Forcing the neck, head, shoulders or arms during labor and delivery -such as when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families seek to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about the birth injury which could have been avoided. In the past these lawsuits have helped families secure an affordable financial settlement and help their child get back on track.

Mediation or Arbitration

If your child sustained an injury to the brachial nerve during birth due to medical negligence, an erb's palsy law firm Palsy settlement could help you pay for their care. This may include therapy, treatment, assistive devices, and surgeries.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a court could reverse a verdict given by a jury. Your lawyer and Erb's Palsy Lawsuit hospital's lawyers will likely attempt to negotiate an agreement prior to the trial starts.

If you're unable to settle your dispute, your case will proceed to arbitration. A neutral third party will hear both sides and decide who will win the case. This type of hearing can be more informal than a trial, but it's important to present witnesses and evidence for the proceedings.

You will also need copies of all legal documents and witnesses to appear at the hearing. You may either invite your witnesses to attend the hearing or present their statements via videoconferencing. Subpoenas must be sent in advance to all witnesses so they are aware the requirement to attend the hearing. Additionally, you must have your witnesses' addresses and telephone numbers on file in the event that they are needed as witnesses in the future.

Complaints in the Court

Many children who suffer from Erb's Palsy can overcome their physical limitations by intense physical therapy every day. Some children will need surgery to repair torn nerve fibers. However, a significant number of children don't recover to a significant degree and will be forced to live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors that specialize in treating this condition to produce an estimated cost of living for life estimate. This will help determine the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor responsible for the birth of your child had a history of similar malpractice cases.

When your lawyer is aware of the harms your child has suffered and the child's injuries, she will make a claim against the defendants. Both parties will go through the discovery phase, which includes exchanging evidence, including expert opinions, depositions, medical documents and more. This is a crucial aspect of your legal action as it allows both sides to present their case. It can take up a year to arrive at a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could 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 as well as loss of quality of life.

Your lawyer will require evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records as well as witness statements as well expert testimony. Once your attorney has gathered the evidence, they will start a lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are then given a specific amount of time to reply. In the discovery phase each side will collect evidence to support its claims.

Most lawsuits are settled outside of court rather than going to trial due to the fact that it's more cost-effective for everyone involved. If your lawyer is confident that they will prevail in the case in court, they might decide to pursue it to the jury. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and help raise awareness to prevent these kinds of injuries from occurring in the future. However, if your verdict is not in your favor it is possible to appeal the decision. While this process could take more time but it also can increase the amount of the compensation you receive.