Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family to find closure. The process of litigation can be complicated and requires a skilled lawyer.

A successful lawsuit may award your family members compensation for child's medical bills and any future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to get the cost of medical treatment 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 extent of their injuries, Erb's however, it can easily rise to the thousands of dollars.

Many cases involving Erb's palsy are settled without court. The lawyers representing both the plaintiff and defendant come together to negotiate an acceptable settlement to both parties. This can speed up the legal process considerably and spare your family from having a judge or jury decide their case. However, if the family members are unable to agree on an agreement, you'll have to go to trial. This can take a considerable amount of time, but can also result in a bigger settlement.

The brachial complex is a collection of nerves that control movement in the arm. Forceful pulling on the neck, head, arms, or shoulders during labor and delivery -for example, when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves, causing erb's palsy attorney palsy. This injury is often prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise awareness about this birth injury that could have been avoided. In the past, these lawsuits helped families secure an appropriate settlement in order to ensure their child's future.

Arbitration or Mediation

If your child was injured in the womb because of medical negligence, and suffered from brachial sprains, an Erb's settlement for palsy can help pay for their treatment. This could include therapy, surgery, assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital's attorneys are likely to seek a settlement before the trial starts.

If you are unable to agree to a settlement, your case will proceed to arbitration. A neutral third party will hear both sides and decide who will win the case. The hearing may be more informal than a trial, but it's crucial to present witnesses and evidence for the proceedings.

You will also need 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 via video conferencing. Subpoenas need to be sent in advance to all witnesses so they are aware the requirement to attend the hearing. In addition, you must have the addresses of your witnesses and phone numbers on file in case they are required to appear as witnesses in the future.

Complaints in the Court

Many children with Erb's -Pallsy can overcome physical limitations with intensive daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a substantial proportion of children do not recover in any significant way and will be left with the effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their fort lauderdale erb's palsy lawsuit palsy in their child was the result of 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 are experts in treating this condition to create a lifetime cost of living estimate. This helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and investigate whether the doctor involved in your child's birth had prior experience with similar malpractice cases.

Once your lawyer has a solid knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal argument because it allows you to build your arguments. Settlements can take as long as one year.

Settlement

If your Erb's palsy lawsuit is a success, your lawyer might be able to get compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices in addition to physical therapy. You may be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove negligence that caused your child's brachial plexus injury which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered this evidence, they will file the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a set time frame to respond. In this phase of discovery, each side will gather evidence to support its claims.

Most lawsuits settle out of court, instead of going to trial, as it's more cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case at trial it could be decided to try to get an appeal to a jury verdict. A successful verdict can give families a sense justice and help educate people about ways to avoid future birth injuries. If the verdict isn't favorable you may appeal. The process could take longer, but it could increase the amount you get.