Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family find closure. The process of litigation is complicated and requires a skilled lawyer.

If you win your lawsuit, your family can be awarded compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb's-Palsy lawsuit process.

The Legal Process

The most common reason families bring an Erb's palsy suit is to seek compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon the particular situation of your child as well as the severity of their injuries, however, it can easily rise to the thousands of dollars.

Many cases involving Erb's palsy settle without court. The lawyers for both the plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This can shorten the legal process dramatically and save your family from having a jury or judge decide their case. If your family cannot agree on a settlement you will have to go to trial. It can take a long time but it can also potentially result in a larger award.

The brachial nerves regulate the movement of the arm. Forcing the neck, head arms, or shoulders during labor and birthsuch as when doctors make use of forceps or vacuum extractors in excess -- can damage the nerves and cause beebe erb's palsy law firm palsy. In many instances, the injury is preventable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about the birth injury that could have been avoided. In the past, these lawsuits have helped families obtain an appropriate financial settlement to help their child's future.

Mediation or Arbitration

If your child sustained an injury to the brachial area during pregnancy due to medical negligence, an Erb's palsy settlement can help you pay for their care. This could include treatment, therapy, assistive devices, and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's attorneys will likely try to reach an agreement prior to the trial beginning.

If you're unable to reach a settlement the case will go to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. This hearing is more informal than a court case, but it is important to present witnesses and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to invite your witnesses to attend the hearing or present their testimony via video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas ahead of time. Additionally, you must have your witnesses' addresses and telephone numbers on file in case they're called to testify in the future.

Complaints in the Court

Many children who suffer from Erb's Palsy can overcome their physical limitations with intensive daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a significant number of children do not recover to a significant degree and must live with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's butler erb's palsy law firm palsy was the result of negligence by a medical professional during the birth process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors that specialize in treating this condition to create an estimated cost of living for life estimate. This will help determine the amount you're entitled to from the marshall erb's palsy lawsuit palsy settlement. Your lawyer will also help you get copies of your child's medical records and investigate whether the doctor who performed your child's birth had previous malpractice cases.

Once your lawyer understands the injuries of your child then she will make a claim against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal proceedings because it gives both sides the chance to develop their arguments. Settlements can last up to one year.

Settlement

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

Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This may include medical records and testimony from witnesses as well as expert testimony. After your lawyer has gathered the evidence, he or she will make a claim against the defendants. They are typically the medical professionals who provided your child with. The defendants are given a certain amount of time to respond to the lawsuit, and during this discovery phase each side will gather additional evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial as it is cost-effective for all parties involved. If however, your attorney is confident they can win in court, they could decide to pursue the case all the way to the verdict of a jury. A successful verdict will provide families with a sense of justice and raise awareness about ways to avoid future birth injuries. If your verdict isn't favorable you can appeal. This could take a bit longer, but can increase the amount you get.