Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may help you and your family get closure. However, the process of litigation is complex and requires expert legal representation.

If you win your lawsuit, your family can be awarded compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's syndrome lawsuit procedure.

The Legal Process

The most popular reason for families to bring an erb's palsy attorney palsy suit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement will depend on the particular case of your child and the severity of their injuries however, it can easily rise to the millions of dollars.

Many Erb's Palsy lawsuits settle out of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can significantly speed up the legal process and prevent your family from having to appear before an attorney or a jury. If your family is unable agree on a settlement then you'll need to go to the court. It can take a long time, but it can also potentially result in a bigger award.

The brachial nerves regulate the movement of the arm. The forceful pulling of the head, neck, arms, or shoulders during labor and birth- such as when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. This type of injury is usually prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to raise awareness of this birth injury that could have been avoided. In the past, these lawsuits have helped families obtain an equitable financial settlement and get their child's life back on course.

Arbitration or Mediation

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

Many lawsuits settle without court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a judge could invalidate a verdict handed down by jurors. Your lawyer and the hospital's attorneys will likely seek a settlement prior to when the trial gets underway.

If you fail to reach an agreement, the case will be referred to arbitration. This means that an impartial third party will listen to both sides and determine who wins the case. This hearing is more informal than a court case, but it is essential to provide witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to be present at the hearing. Witnesses are able to present at the hearing in person, or you can present their testimony through video conferencing. Subpoenas must be sent in advance to all witnesses so they are aware the requirement to attend the hearing. In addition, you must have the addresses of your witnesses and phone numbers on file in the event that they are needed as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations with intensive daily physical therapy. Some children will need surgery to repair damaged nerve fibers. Many children are not able to recover and will have to live suffering from the effects of this birth injury. Parents who believe that their child's Erb's palsy was due to medical negligence during the birth procedure have the right to claim fair compensation for their child's injuries.

Your lawyer will work with doctors who are experts in treating this condition to develop the lifetime cost of living estimate. This will help determine the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records and determine whether or not the doctor who gave you your child's diagnosis had a prior experience of malpractice.

When your lawyer has a clear understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase which includes exchanging evidence such as expert opinions, depositions, medical records and more. This is an essential part of your legal defense because it allows you to construct your arguments. It can take as long as an entire year to reach a settlement.

Settlement

If your Erb's-Pallsy lawsuit is successful the lawyer may be able to secure compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices along with physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer must collect evidence to prove the error that caused your child's brachial-plexus injury that could include medical documents, witness statements and expert testimony. Once your attorney has gathered this evidence, they will file the lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants are given a specified amount of time to respond to the lawsuit. during this process of discovery both sides will collect more evidence to support their assertions.

Most lawsuits are settled out of court rather than going to trial because it is more cost-effective for all parties involved. However, if your attorney is confident they can win in court, they could decide to pursue the case all the way to a jury verdict. A successful verdict will provide families with a sense of justice and raise awareness about how to avoid any future birth injuries. If your verdict isn't favorable you can appeal. While this procedure can take more time but it also increases the amount of compensation you receive.