Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family find closure. The process of litigation can be complex and requires an experienced lawyer.

If you win your lawsuit, your family could receive compensation for medical expenses of your child as well as future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical expenses and other expenses. The amount of money that is awarded in a settlement will depend on your child's specific case and the severity of their injuries but can easily soar into the thousands of dollars.

Many cases involving Erb's palsy have been settled out of court. The lawyers for both plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties. This can shorten the legal process significantly and prevent your family from having a judge or jury decide the case. If your family is unable to reach an agreement on a settlement the family will have to appear in court. This can also take a long time but it could also result in a higher amount.

The brachial complex is a collection of nerves that regulate movement within the arm. When you are pregnant, excessive forceful pulling of the neck, head or shoulders, or on the arms could damage these nerves, causing 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 harms they cause. They also want to create awareness about this birth injury that could have been prevented. In the past the lawsuits have helped families secure an affordable financial settlement and get their child's life back on track.

Arbitration or Mediation

If your child was injured while in the womb because of medical negligence and was later diagnosed with brachial paralysis, an erb's palsy lawyers Palsy settlement can help you pay for their treatment. This may include therapy, treatment as well as assistive devices and procedures.

Many lawsuits settle out of court. This means that plaintiffs can receive compensation more quickly and reduces the possibility of a court in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will likely attempt to reach an agreement prior to the trial begins.

If you're not able to reach a settlement, your case will proceed to arbitration. A neutral third party will listen to both sides and decide who wins the case. This type of hearing is more informal than a court trial, however, it is crucial to have witnesses present and physical evidence.

You will also require copies of all legal documents and Erb's Palsy lawsuits witnesses to present at the hearing. Witnesses can present at the hearing in person or you can provide their statements through video conferencing. Subpoenas must be issued in advance to all witnesses so that they are aware of the requirement to be present at the hearing. You should also keep the names of witnesses' telephone numbers and addresses on file in case you have to contact them as witnesses in the future.

Complaints in Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations with regular physical therapy. Some may require surgery to repair torn or separated nerve fibers. A large number of children are never able to recover and must continue to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with specialists in treating this condition to produce the lifetime cost of living estimate. This helps determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child’s medical records, and investigate whether or not the doctor who gave you your child's care had a experience of malpractice.

When your lawyer is aware of the injuries of your child she will bring a lawsuit against the defendants. Both parties will be involved in the discovery phase, which includes exchanging evidence, including expert opinions, depositions, additional medical documents, and so on. This is a crucial part of your legal case because it allows you to build your case. Settlements can last for up to one year.

Settlement

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

Your lawyer will need evidence to prove that negligence caused the injury to the brachial area in your child. This may include medical records and witness statements as well as expert testimony. Once your lawyer has collected the evidence, he will file a lawsuit against the defendants. These are usually the medical professionals who provided your child with. The defendants are given a specified amount of time in which to respond to the lawsuit, and during the discovery phase both sides will gather additional evidence to support their claims.

Most lawsuits are settled out of court instead of going to trial because it is cheaper for all parties involved. However, if your attorney is confident that they will prevail in court, they could choose to take the case all the way to an appeals court verdict. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and can help increase awareness and prevent these types of injuries from happening in the future. If your verdict isn't favorable you can appeal. Although this process may take more time however, it could also increase the amount of the amount you are awarded.