Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family could receive compensation for medical expenses of your child and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

Families file lawsuits against Erb's palsy to obtain compensation for medical costs and other expenses. The amount of money awarded will depend on the severity of your child's injuries as well as the specific case. It could easily be millions of dollars.

Many of Erb's lawsuits involving palsy are settled out of court. The lawyers for both the plaintiff and defendant collaborate to reach an acceptable settlement to both parties. This can significantly speed up the legal process and prevent your family from facing the jury or judge. If, Erb's palsy Lawsuit however, your family members are unable to agree on a settlement you will have to go to trial. This can take a long time however, it could result in a higher amount.

The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling of the head, neck or shoulders, or on arms, could cause nerve damage, resulting in Erb's palsy. This type of injury is usually avoidable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past the lawsuits have allowed families to obtain a fair financial settlement and help their child get back on track.

Arbitration or Mediation

If your child was injured in the womb due to medical negligence and was later diagnosed with brachial paralysis, an Erb's Palsy settlement could help you to pay for their medical treatment. This can include therapy, surgery as well as assistive devices and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and hospital's lawyers are likely to attempt to reach an agreement prior to the trial starts.

If you are not able to reach an agreement, your case will go to arbitration. A neutral third party will consider both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it is crucial to present physical evidence and witnesses for the hearing.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can attend the hearing in person, or you can submit their statements through video conferencing. You must ensure that all of witnesses are aware that they must attend the hearing by submitting subpoenas ahead of time. Also, keep the names of witnesses' telephone numbers and addresses on file in case you need to contact them as witnesses in the future.

A complaint to the court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations through intense physical therapy every day. Some will require surgery to repair torn or erb's Palsy Lawsuit separated nerve fibers. However, a large percentage of children don't recover to a significant degree and will have to live with the handicaps of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to fair compensation.

To determine the worth of your case Your lawyer will work with specialists in treating these ailments to come up with a lifetime cost-of living estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records, and also determine whether the doctor who gave you your child's treatment had a previous record of malpractice cases.

When your lawyer is aware of the child's injuries then she will file a lawsuit against the defendants. Both sides will go through the discovery phase, which includes exchanging evidence including expert opinions, depositions, additional medical records, and more. This is an essential part of your legal case because it allows you to develop your case. Settlements can take up to one year.

Settlement

If your erb's palsy lawyer Palsy lawsuit is a success your lawyer could be able to get compensation to pay for medical costs including future treatment costs, adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove the mistake that led to your child's brachial-plexus injury which could include medical records, witness statements, and expert testimony. After your lawyer has gathered the evidence, he or she will file a lawsuit against the defendants. These are usually the medical professionals that delivered your child. The defendants will then be given a specified time frame to respond. In this discovery phase, each side will gather evidence to prove its case.

Most lawsuits are settled out of court rather than going to trial since it's more cost-effective for all parties involved. If your attorney is convinced that they can win the case at trial they may decide to try to get an appeal to a jury verdict. A successful verdict in a birth injury lawsuit can provide families with a sense justice, and also help to raise awareness to prevent these types of injuries from occurring in the future. If your verdict isn't favorable you may appeal. The process could take longer, but it can increase the amount you are awarded.