Erb's Palsy Litigation

In the aftermath of your child's brachial-plexus injury can bring you and your family closure. However, the process of litigation is complex and requires expert legal representation.

A successful lawsuit could award your family compensation for child's medical bills and any future treatment. Read on to learn more about the Erb's Palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to seek reimbursement for medical expenses and other expenses. The amount of money offered in a settlement will depend on the particular case of your child and the severity of their injuries but can easily soar into the thousands of dollars.

Many cases involving erb's palsy law firm palsy settle out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can significantly shorten the legal process, and also prevent your family from facing the jury or Erb's Palsy Lawsuit judge. If your family is not able to reach an agreement on a settlement then you'll need to go to court. This can take a considerable amount of time, however it can also result in a larger amount.

The brachial plexus is a group of nerves which control movement within the arm. A forceful pull on the neck, head, arms or shoulders during labor and delivery -- such as when doctors use forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise the word about this birth injury that could have been prevented. In the past these lawsuits have helped families get an appropriate financial settlement to help their child get back on path.

Mediation or Arbitration

If your child was injured by a brachial plexus injury during pregnancy due to medical negligence, an Erb's Palsy settlement can help to pay for the treatment. This could include therapy, surgery as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a court could invalidate a verdict handed down by a jury. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement before the trial begins.

If you're unable to settle your dispute, your case will proceed to arbitration. This means that an impartial third party will hear both sides and determine who wins the case. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence to the hearing.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to present at the hearing in person or you can present their testimony through video conference. Subpoenas need to be sent in advance to all witnesses so they are aware of the requirement to attend the hearing. You must also keep your witnesses' phone numbers and addresses in the file in case you need to contact them as a future witness.

Complaint in the Court

Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some children require surgery to repair torn nerve fibers. However, a significant number of children will not recover to any measurable degree and will have to live with the limitations of this birth injury for the rest of their life. Parents who believe that their child's Erb's syndrome was the result of medical negligence during the birth process are entitled to seek fair compensation for the injuries suffered by their child.

To determine the worth of your case, your lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also help to obtain copies of your child's medical records, and look into whether or not the doctor who gave you your child's treatment had a previous history of malpractice cases.

Once your lawyer has identified the injuries suffered by your child then she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal proceedings as it allows both sides to build their arguments. Settlements can take as long as one year.

Settlement

If your Erb's palsy lawsuit is a success your lawyer could be able to secure compensation to cover medical expenses, future treatment costs and adaptive devices, as well as physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to gather evidence to prove the negligence that caused the brachial plexus injury to your child, which could include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he or she will make a claim against the defendants. These are usually the medical professionals who delivered your child. The defendants will be given a specified amount of time to respond to the lawsuit. during this discovery phase each side will gather additional evidence to support their assertions.

Most lawsuits are settled out of court rather than going to trial due to the fact that it is cheaper for everyone involved. If however, your attorney is confident that they will prevail in court, they might decide to take the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice and raise awareness and prevent these types of injuries from happening in the future. If your verdict is not in your favor, you can appeal the decision. This process may take longer, but it could increase the amount you get.