Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may help you and your family find closure. However, the process of litigation is complex and requires expert legal representation.

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

The Legal Process

The most frequent reason families start an Erb's Palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on 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 settle out of court. The lawyers representing both the plaintiff and Erb's Palsy lawsuits the defendant will collaborate to negotiate an acceptable settlement to both parties. This can significantly speed up the legal process and save your family from having to go before a judge or jury. If your family is unable to reach an agreement, you'll have to go to trial. It can take a long time but it could also result in a higher amount.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling on the neck, head, or shoulders or on the arms, can cause nerve damage, resulting in Erb's Palsy. In many instances, the injury is preventable. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness of this birth injury that could have been prevented. In the past, these lawsuits helped families get an equitable financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured during the womb because of medical negligence and has suffered brachial palsy, anErb's Settlement for palsy could help you pay for their treatment. This could include therapy, surgery, assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a court could reverse a verdict given by a jury. Your lawyer and the hospital attorneys will most likely attempt to reach an agreement prior to the trial beginning.

If you are not able to reach an agreement, the case will be taken to arbitration. This means that a neutral third party will take in both sides and decide who wins the lawsuit. The hearing may be more informal than a trial, but it is important to provide witnesses and evidence in the proceedings.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. Witnesses are able to attend the hearing in person, or they can give their testimony via video conference. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas in advance. Also, keep the numbers of your witnesses and addresses on file, in case you need to contact them for a future witness.

Complaints in the Court

Many children with Erb's -Pallsy are able to overcome physical limitations by intense physical therapy every day. Some children may require surgery to repair torn nerve fibers. A significant number of children do not recover and are forced to live their lives suffering from the effects of this birth injury. Parents who believe their child's Erb's palsy was the result of negligence by a medical professional during the birth process are entitled to claim fair compensation for the injuries suffered by their child.

To establish the value of your case your lawyer will collaborate with doctors who specialize in treating these ailments to develop a life-long cost-of-living estimate. This is used to determine how much you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also help to obtain copies of your child’s medical records, and look into whether or not the doctor who performed surgery on your child's diagnosis had a prior record of malpractice cases.

If your lawyer has a good knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will undergo the discovery phase that involves exchanging evidence including expert opinions, depositions medical documents and more. This is a crucial aspect of your legal proceedings since it allows both sides to build their arguments. It could take up to one year to negotiate a settlement.

Settlement

If your erb's palsy attorney palsy lawsuit is a success your lawyer might be able to get compensation to pay for medical expenses as well as future treatment costs. adaptive devices, as well as physical therapy. You may be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove malpractice that caused the brachial plexus injury to your child that could include medical documents, witness statements and expert testimony. Once your attorney has gathered this evidence, they'll start a lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will be given a certain amount of time to respond to the suit, and during this process of discovery both sides will collect additional evidence to support their assertions.

Most lawsuits are settled out of court instead of going to trial because it is cheaper for all parties involved. However, Erb's Palsy Lawsuits if your attorney is confident that they will prevail in court, they might decide to take the case all the way to the verdict of a jury. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and can help increase awareness to prevent these kinds of injuries from happening again in the future. However, if the verdict is not favorable to you then you may appeal the decision. Although this process may take longer but it also increases the amount of the compensation you receive.