Erb's Palsy Litigation

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

A successful lawsuit may award your family compensation for child's medical bills as well as future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

The most popular reason families pursue an Erb's-related lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded in a settlement will depend on the particular situation of your child as well as the severity of their injuries however, it can easily rise to the millions of dollars.

Many of Erb's lawsuits involving palsy are resolved outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can significantly speed up the legal process and save your family from having to face a judge or jury. If your family members are unable to reach an agreement on a settlement the family will have to go to the court. This could take a long amount of time, but it could also result in a larger settlement.

The brachial nerves regulate the movement of the arm. Forcing the neck, head, shoulders or arms during labor and birthsuch as when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and lead to erb's palsy attorneys palsy. This type of injury is usually preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also seek to raise the word about this birth injury which could have been avoided. In the past the lawsuits have helped families get an appropriate financial settlement to get their child's life back on the right track.

Mediation or Arbitration

If your child was injured while in the womb by medical negligence and was later diagnosed with brachial paralysis, an erb's palsy attorney settlement for palsy can help pay for their care. This can include surgeries, therapy, assistive devices and treatment.

Many lawsuits are settled out of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's attorneys are likely to try to reach a settlement prior to when the trial gets underway.

If you fail to reach an agreement, Erb's Palsy your case will go to arbitration. A neutral third party will consider both sides and determine who wins the case. This kind of hearing could be more informal than a trial, however it is important to provide witnesses and evidence in the proceedings.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can either have your witnesses attend the hearing or give statements using video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware the requirement to attend the hearing. Also, keep your witnesses' phone numbers and addresses on file, in case you need to contact them as a future witness.

A complaint to the court

Many children suffering from erb's palsy [funny post] can overcome physical limitations with intense daily physical therapy. Some may require surgery to fix torn or separated nerve fibers. However, a significant proportion of children do not recover to any measurable degree and will be left with the effects of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's palsy was due to negligence in the delivery procedure have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create the lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and investigate whether the doctor who performed the birth of your child had an history of similar malpractice cases.

When your lawyer is aware of the injuries of your child she will start a lawsuit against defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a vital part of the legal process because it allows both sides to present their case. It can take up to an entire year to reach a settlement.

Settlement

If your Erb's palsy lawsuit is successful, your lawyer might be able to obtain compensation to cover medical expenses as well as future treatment costs. adaptive devices along with physical therapy. You could be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial plexus in your child. This may include medical records and testimony from witnesses as well as expert testimony. After your lawyer has collected the evidence, they'll file the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants will then be given a certain period of time to respond to the suit, and during this discovery phase both sides will gather additional evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial because it is more cost-effective for everyone involved. If your attorney is convinced that they will prevail in the case at trial they may decide to take it to a jury verdict. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice and erb's palsy raise awareness to prevent these types of injuries from happening in the future. If the verdict you receive is not favorable, you can appeal. This process may take longer, but it can increase the amount you are awarded.