Erb's Palsy Litigation

In the aftermath of your child's brachial injury can help bring you and your family closure. The process of litigation is complicated and Erb's Palsy lawsuits requires an experienced lawyer.

If you prevail in your lawsuit, your family can receive compensation for medical expenses of your child and future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

The most frequent reason families pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement will depend on the particular situation of your child as well as the severity of their injuries, but can easily soar into the thousands of dollars.

Many Erb's Palsy lawsuits are settled out of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can speed up the legal process by a significant amount and spare your family from having a judge or jury decide the case. If, however, your family is unable to reach a settlement you will have to go to trial. This could take a long amount of time, however it can also result in a larger settlement.

The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling on the neck, head or shoulders or on the arms, can result in damage to these nerves and cause Erb's Palsy. In many cases, this injury can be prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also seek to increase awareness of this birth injury that could have been avoided. In the past, these lawsuits helped families get an equitable financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured in the womb because of medical negligence, and suffered from brachial paralysis, an Erb's Palsy settlement can help you to pay for their medical treatment. This can include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely try to come to an agreement before the trial begins.

If you are unable to reach 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's important to present physical evidence and witnesses for the proceedings.

You should also 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 you can provide their statements via video conference. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas ahead of time. Additionally, you should keep your witnesses' addresses and phone numbers in case in case they are required to appear as witnesses in the future.

Complaints in Court

Many children with Erb's -Pallsy can overcome physical limitations with intensive daily physical therapy. Some will require surgery to repair damaged or separated nerve fibers. However, a large percentage of children don't recover in any way and will be left with the handicapping effects of this birth injury for the rest of their lives. Parents who believe their child's Erb's paralysis was the result of negligence by a medical professional during the birth process have the right to seek fair compensation for their child's injuries.

Your lawyer will collaborate with doctors who are experts in treating this condition to produce an estimated cost of living for life estimate. This determines the amount you're entitled to from the 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 performed surgery on your child's care had a history of malpractice cases.

If your lawyer has a clear knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of the legal process as it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

When your erb's palsy lawsuits palsy lawsuit is successful, your lawyer might be able to get compensation that covers medical expenses and future treatment costs, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need 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 expert testimony. After your lawyer has gathered the evidence, they will make a claim against the defendants, which are usually the medical professionals who delivered your child. The defendants will then be given a specific amount of time to respond to the lawsuit, and during this process of discovery each side will gather additional evidence to support their claims.

Most lawsuits are settled out of court, rather than going to trial as it is cheaper for all parties involved. However, if your attorney believes they will win at trial, they may decide to take the case to a verdict by a jury. A successful verdict could give families a sense of justice and raise awareness about how to prevent future birth injuries. If the verdict you receive is not favorable you can appeal. This procedure could take longer, but it will increase the amount you are awarded.