Erb's Palsy Litigation

The legal process in the aftermath of your child's plexus brachial injury can help bring your family and you closure. However, the litigation process is complex and requires skilled legal representation.

A successful lawsuit can award your family members compensation for child's medical expenses and future treatment. Find out more about the Erb's syndrome lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical expenses and other expenses. The amount of money that is awarded in a settlement is contingent upon the particular case of your child and the severity of their injuries but it can easily go into the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This could speed up the legal process considerably and prevent your family from having a judge or jury decide on their case. If your family is unable to reach a settlement the family will have to appear in court. This can take a significant amount of time, but it could also result in a bigger award.

The brachial area is a group of nerves which control movement in the arm. A forceful pull on the neck, head, shoulders or arms during labor and deliverysuch as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves and lead to erb's palsy law firm palsy. This type of injury is usually preventable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise the word about this birth injury which could have been prevented. In the past these lawsuits have helped families secure an affordable financial settlement and help their child get back on path.

Arbitration or Mediation

If your child was injured while in the womb as a result of medical negligence, and suffered from brachial sprains, an Erb's settlement for palsy can help pay for their care. This could include therapy, treatment aids, assistive devices, as well as operations.

Many lawsuits settle without court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will likely attempt to reach an agreement prior to the trial starts.

If you are unable to reach an agreement, the case will be referred to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. The hearing may be more informal than a trial, but it is crucial to present witnesses and evidence for the hearing.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses attend the hearing in person or they can give their testimony through video conferencing. Subpoenas should be sent in advance to all witnesses to ensure they are aware the requirement to attend the hearing. In addition, you must have the addresses of your witnesses and telephone numbers on file in case they're called as a witness in the future.

Complaint in the Court

Many children who suffer from Erb's palsy can overcome physical limitations with intense physical therapy every day. Some will require surgery to repair torn or separated nerve fibers. However, a large percentage of children are not able to recover in any way and will have to live with the handicaps of this birth injury for the rest of their lives. Parents who believe their child's erb's palsy law firms paralysis 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 work with doctors that specialize in treating this condition to create an annual cost of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child's medical records and determine whether or not the doctor who treated your child's care had a history of malpractice cases.

Once your lawyer has a solid knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal action because it gives both sides the chance to construct their arguments. It could take up to a year to reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to secure compensation that covers medical costs and future treatment costs which include 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 need to collect evidence to prove the mistake that led to your child's brachial plexus injury which could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, he will start a lawsuit against defendants. These are usually the medical professionals who provided your child with. The defendants are then given a set amount of time to reply. In this discovery phase each side will gather evidence to support its claims.

Most lawsuits settle out of court rather than going to trial, because it's cost-effective for all parties involved. If your attorney is convinced that they will win the case at trial, they might decide to try to get an appeal to a jury verdict. A successful verdict will bring families a sense that justice has been done and increase awareness of how to avoid any future birth injuries. If your verdict is not favorable to you You can appeal the decision. This procedure could take longer, but can increase the amount you are awarded.