Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial-plexus injury can bring your family and you closure. The process of litigation is complicated and requires an experienced lawyer.

If you win your lawsuit, your family can receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file lawsuits against Erb's palsy to obtain reimbursement for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the particular situation of your child as well as the severity of their injuries, but it can easily go into the millions of dollars.

Many of Edinburg Erb's palsy lawsuit palsy lawsuits have been settled out of court. The lawyers for both plaintiff and defendant collaborate to negotiate a settlement that is acceptable to both parties. This can drastically reduce the legal process and avoid your family from having to appear before a judge or jury. If your family members are unable to come to a deal then you'll need to appear in court. This could take a long amount of time, but it could also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. Forcing the neck, head arms, or Edinburg Erb's Palsy Lawsuit shoulders during labor and delivery -- such as when doctors make use of forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. In many instances, the injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also wish to spread awareness about the birth injury that could have been avoided. In the past these lawsuits have helped families secure an appropriate financial settlement to get their child's life back on path.

Arbitration or Mediation

If your child was injured during the womb by medical negligence and has suffered brachial palsy, anErb's settlement for palsy can help pay for their treatment. This could include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers are likely to attempt to reach an agreement prior to the trial begins.

If you are not able to reach an agreement, your case will be sent to arbitration. This means that an impartial third party will take in both sides and determine who wins the lawsuit. This hearing is more informal than a court trial but it is important to present witnesses and other physical evidence.

You will also need copies of all legal documents and witnesses to present at the hearing. Witnesses are able to present at the hearing in person, or you can submit their statements via video conferencing. Subpoenas must be issued in advance to all witnesses so that they are aware the requirement to be present at the hearing. Additionally, you must have their addresses and contact numbers on file in case they're called as a witness in the future.

Complaints in the Court

Many children who suffer from Erb's palsy can overcome physical limitations with intensive daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. However, a significant proportion of children don't recover in any significant way and will be forced to live with the handicaps of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair amount of compensation.

To establish the value of your case, your lawyer will work with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This determines the amount you're entitled to from the settlement you received for your erb's palsy law firm syndrome. Your lawyer can also help you get copies of your child's medical records and determine if the doctor involved in the birth of your child had an history of similar malpractice cases.

When your lawyer has a solid 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 involves exchanging evidence including expert opinions, depositions, additional medical records, and more. This is an essential part of your legal proceedings because it gives both sides the chance to build their arguments. It can take up an entire year to reach a settlement.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer could be able get compensation to cover medical costs 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, witness statements as well as expert testimony. After your lawyer has gathered this evidence, they will bring the lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants are then given a certain amount of time to reply. In this discovery phase each side will collect evidence to support their claims.

Most lawsuits are settled outside of court, rather than going to trial since it is cost-effective for everyone involved. However, if your attorney believes that they can win in court, they could choose to take the case to the verdict of a jury. A successful verdict in a birth injury lawsuit could give families a sense justice and raise awareness to prevent these types of injuries from happening in the future. If, however, your verdict is not favorable to you then you may appeal the decision. Although this process may take more time but it also can increase the amount of the compensation you receive.