Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial-plexus injury can bring you and your family closure. The litigation process can be complex and requires an experienced lawyer.

A successful lawsuit could grant your family compensation for child's medical bills and future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

The most common reason families pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement will depend on the particular situation of your child as well as the severity of their injuries, but can easily soar into the thousands of dollars.

Many of the lawsuits involving Erb's Psy have been settled out of court. The lawyers for both plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties. This could cut down the legal process significantly and save your family from having a judge or jury decide their case. If your family members cannot reach a settlement you will have to go to trial. This could take a long time however, it could result in a higher amount.

The brachial plexus is a group of nerves that control movement within the arm. Forceful pulling on the neck, head, arms, or shoulders during labor and delivery- such as when doctors use forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to spread awareness about this birth injury which could have been prevented. In the past these lawsuits helped families obtain an appropriate financial settlement to get their child's life back on path.

Arbitration or Mediation

If your child was injured while in the womb by medical negligence and was later diagnosed with brachial sprains, an Erb's Settlement for palsy could help you to pay for their medical treatment. This could include surgeries, therapy, assistive devices and treatment.

Many lawsuits settle outside of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and the hospital's attorneys will likely try to reach an agreement before the trial begins.

If you are unable settle your dispute, lawsuits your case will proceed to arbitration. This means that an impartial third party will take in both sides and determine who will win the case. This hearing is more informal than a court case, but it is essential to present witnesses and other physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to present at the hearing in person, or you can present their testimony via video conference. Subpoenas need to be sent in advance to all witnesses in order they are aware the requirement that they attend the hearing. In addition, you must have the addresses of your witnesses and phone numbers on file in case they are called as witnesses in the future.

Complaints in the Court

Many children suffering from league city erb's palsy attorney Palsy can overcome physical limitations through intensive daily physical therapy. Some children require surgery to repair the torn nerve fibers. Many children do not recover and are forced to live with the consequences of this birth injury. Parents who believe their child's Erb's syndrome was the result of negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for their child's injuries.

To determine the value of your case your lawyer will collaborate with specialists in treating these ailments to develop a life-long cost-of-living estimate. This helps determine how much you're entitled to from the Erb's palsy settlement. Your lawyer will also help you get copies of the medical records for your child and determine if the doctor responsible for your child's birth had previous malpractice cases.

Once your lawyer understands the injuries suffered by your child, she will make a claim against the defendants. Both parties will go through the discovery phase which includes exchanging evidence like expert opinions, depositions medical records and more. This is an essential part of your legal proceedings because it gives both sides the chance to present their case. Settlements can last up to one year.

Settlement

If your Erb's-Pallsy lawsuit is successful the lawyer may be able obtain compensation to pay for medical expenses including future treatment costs, adaptive devices and physical therapy. You may 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 your child's brachial plexus injury that could include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they'll start a lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants will be given a specified amount of time in which to respond to the lawsuit, and during the discovery phase each side will gather more evidence to support their claims.

Most lawsuits are settled out of court, rather than going to trial because it is cost-effective for everyone involved. If your lawyer is confident that they will prevail in the case in court they may decide to take it to the jury. A successful verdict will give families a sense of justice and help educate people about ways to avoid future birth injuries. If your verdict is not favorable you can appeal. Although this process may take longer but it also can increase the amount of compensation you receive.