Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could help you and your family get closure. The process of suing can be complicated and requires an experienced lawyer.

If you win your lawsuit, your family will receive compensation for the medical bills of your child and future treatment. Find out more about the Erb's Palsy lawsuit procedure.

The Legal Process

Families file Erb's-Palsy lawsuits to obtain reimbursement for medical expenses and other expenses. The amount of money awarded in a settlement is contingent upon the particular case of your child and the extent of their injuries, but can easily soar into the millions of dollars.

Many of Erb's lawsuits involving palsy are resolved outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can significantly shorten the legal process and prevent your family from having to appear before an attorney or a jury. However, if the family is unable to reach the terms of settlement, you'll need to go to trial. This can take a long time, but it can also potentially result in a bigger award.

The brachial nerves control the movement of the arm. Forcing the head, neck, arms or shoulders during labor and deliverysuch as when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. This condition is usually avoidable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to raise awareness about this birth injury which could have been avoided. In the past the lawsuits have helped families get a fair financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child sustained a brachial plexus injury during birth due to medical negligence, an erb's palsy lawyer Palsy settlement can help pay for his or her treatment. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits settle out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court could reverse a verdict given by the jury. Your lawyer and hospital's lawyers will most likely try to reach an agreement before the trial starts.

If you're not able to come to a deal, your case will proceed to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This type of hearing can be more informal than a trial, however it's important to present witnesses and evidence for the proceedings.

You will also require copies of all legal documents as well as witnesses to present at the hearing. Witnesses are able to present at the hearing in person, or they can give their testimony through video conference. Subpoenas must be sent in advance to all witnesses so they are aware of the requirement that they attend the hearing. Additionally, you should have the addresses of your witnesses and contact numbers on file in case they're called to testify in the future.

A complaint to the court

Many children suffering from Erb's Palsy can overcome physical limitations with intense physical therapy every day. Some may require surgery to repair sprained or separated nerve fibers. A large percentage of children are not able to recover and will have to live with the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to fair compensation.

Your lawyer will work with specialists in treating this condition to develop the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer will also help you obtain copies of your child's medical records and determine if the doctor who was involved in your child's birth had an history of similar malpractice cases.

If your lawyer has a clear knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal proceeding because it allows both sides to build their arguments. Settlements can take up to one year.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer might be able to get compensation that covers medical expenses 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 require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This could include medical records, witness statements as well as expert testimony. After your lawyer has gathered the evidence, he or Erb's Palsy she will make a claim against the defendants. They are typically the medical professionals that delivered your child. The defendants are then given a set amount of time to reply. In this discovery phase the parties will gather evidence to support its claims.

Most lawsuits are settled outside of court, rather than going to trial as it is more cost-effective for everyone involved. If your attorney is convinced that they will win the case at trial it could be decided to go to the jury for a verdict. A successful verdict can provide families with a sense of justice and help spread awareness about how to avoid any future birth injuries. However, if the verdict is not in your favor You can appeal the decision. While this process can take more time but it also increases the amount of the compensation you receive.