Erb's Palsy Litigation

Legal action in the aftermath of your child's plexus brachial injury can bring you and your family closure. The process of suing can be complex and requires an experienced lawyer.

A successful lawsuit may award your family compensation for child's medical bills and future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

Families file findlay erb's palsy lawsuit-Palsy lawsuits to recover compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the particular situation of your child as well as the extent of their injuries, but can easily soar into the millions of dollars.

Many of Erb's lawsuits involving palsy are settled outside of court. The lawyers representing both the plaintiff and defendant will come together to negotiate an agreement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from having to face a judge or jury. However, if your family cannot agree on a settlement you will have to go to trial. This can take a long time, however, it could result in a higher award.

The brachial complex is a collection of nerves which control movement in the arm. When you are pregnant, excessive forceful pulling of the head, neck or shoulders or on arms, could cause nerve damage, resulting in Erb's palsy. In many instances, the injury is preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness of this birth injury that could have been avoided. In the past the lawsuits have helped families get a fair financial settlement and help their child get back on track.

Mediation or Arbitration

If your child has suffered an injury to the brachial area in the womb due to medical negligence, Vimeo.com an Erb's Palsy settlement can help pay for their treatment. This can include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will most likely attempt to reach an agreement before the trial begins.

If you are unable to agree to a settlement, your case will proceed to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This type of hearing can be more informal than a trial, but it is crucial to present physical evidence and witnesses for the proceedings.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can invite your witnesses to the hearing or give statements via videoconferencing. Subpoenas need to be sent in advance to all witnesses so that they are aware the requirement that they attend the hearing. Additionally, you should have the addresses of your witnesses and telephone numbers on file in case they're called as witnesses in the future.

Complaints in Court

Many children suffering from melrose erb's palsy lawsuit syndrome can overcome physical limitations through daily physical therapy. Some may require surgery to repair sprained or separated nerve fibers. However, a significant proportion of children will not recover in any way and will be forced to live with the handicaps of this birth injury for the rest of their lives. Parents who believe that their child's Erb's syndrome was due to medical negligence during the delivery process have the right seek fair compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition. They will create an annual cost of living estimate. This is used to determine how much you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also assist you obtain copies of your child's medical records and investigate whether the doctor involved in the birth of your child had an history of similar malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will undergo the discovery phase which involves exchanging evidence like expert opinions, depositions medical records and more. This is an essential part of your legal argument because it helps you build your arguments. Settlements can last for up to one year.

Settlement

If your lawsuit against Erb's Palsy is a success, your lawyer might be able obtain compensation to cover medical expenses including future treatment costs, adaptive devices, as well as 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 as expert testimony. Once your attorney has gathered this evidence, they'll make a claim against the defendants, who are typically the medical professionals who delivered your child. The defendants will then be given a specified amount of time to reply. In this phase of discovery, each side will gather evidence to back up their claims.

Most lawsuits are settled outside of court instead of going to trial because it's cost-effective for all parties involved. If your lawyer is confident that they will prevail in the case at trial, they might decide to go to the jury. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and raise awareness and prevent these types of injuries from occurring in the future. If the verdict isn't favorable you may appeal. The process could take longer, but can increase the amount you get.