Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family get closure. The litigation process can be complicated and requires an experienced lawyer.

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

The Legal Process

The most popular reason for families to bring an heber erb's palsy Attorney palsy suit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the particular case of your child and the severity of their injuries but it could easily reach the millions of dollars.

Many of the lawsuits involving Erb's Psy settle out of court. Lawyers representing the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This can shorten the legal process by a significant amount and prevent your family from having a judge or jury decide the case. If, however, your family members are unable to agree on a settlement you will have to go to trial. It can take a long time however, it could result in a larger award.

The brachial plexus is a set of nerves that regulate movement within the arm. A forceful pull on the neck, head, arms, or shoulders during labor and delivery -like 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 can be prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also seek to increase awareness about this birth injury that could have been avoided. In the past the lawsuits have helped families obtain an equitable financial settlement and help their child get back on track.

Mediation or Arbitration

If your child was injured by a brachial plexus injury in the womb due to medical negligence, an Erb's Palsy settlement could help you to pay for the treatment. This may include therapy, treatment aids, assistive devices, as well as surgeries.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a judge could overturn a verdict awarded by the jury. Your lawyer and the hospital's lawyers will likely attempt to reach an agreement before the trial begins.

If you are unable to reach an agreement, the case will be taken to arbitration. This means that a neutral third party will take in both sides and decide who will win the case. This type of hearing is more informal than a court trial, but it is important to present witnesses and physical evidence.

You will also require copies of all legal documents and witnesses to present at the hearing. You can either witness your witnesses attend the hearing or give statements via videoconferencing. Subpoenas must be issued in advance to all witnesses so they are aware the requirement to be present at the hearing. Additionally, you should have their addresses and telephone numbers on file in case they are called to testify in the future.

Complaint in the Court

Many children suffering from cold spring erb's palsy law firm palsy can overcome their physical limitations with regular physical therapy. Some may require surgery to fix torn or separated nerve fibers. However, a significant proportion of children do not recover to a significant degree and will be forced to live 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 the result of medical malpractice during the delivery process are entitled to fair compensation.

Your lawyer will work with doctors who specialize in treating this condition. They will create a lifetime cost of living estimate. This determines the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who performed the birth of your child had an history of similar malpractice cases.

Once your lawyer understands the injuries suffered by your child and the child's injuries, she will start a lawsuit against defendants. Both parties will undergo the discovery phase, which includes exchanging evidence, including expert opinions, depositions medical documents and more. This is an essential part of your legal case because it allows you to develop your arguments. It can take up to a year to negotiate a settlement.

Settlement

If your Erb's palsy lawsuit is successful your lawyer might be able obtain compensation to pay for medical costs as well as future treatment costs. adaptive devices along with physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will have to collect evidence to prove the error that caused the brachial plexus injuries to your child and may include medical documents, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will bring a lawsuit against the defendants. They are typically the medical professionals who have delivered your child. The defendants are then given a specific period of time to respond. During this discovery phase each side will collect evidence to support its claims.

Most lawsuits are settled out of court instead of going to trial since it is more cost-effective for all parties involved. If your attorney is confident that they will prevail in the case at trial and decides to pursue it to an appeal to a jury verdict. A successful verdict can bring families a sense that justice has been done and help educate people about how to prevent future birth injuries. However, if the verdict is not in your favor then you may appeal the decision. This could take a bit longer, but it can increase the amount you receive.