Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family get closure. However, the process of litigation is complicated and requires experienced legal representation.

If you are successful in your lawsuit, your family will receive compensation for the medical bills of your child as well as future treatment. Learn more about the Erb’s palsy lawsuit procedure.

The Legal Process

Families file erb's palsy lawyer Psy lawsuits to seek the cost of medical treatment and other expenses. The amount of money awarded will depend on the severity of your child's injuries and the particular case. It could easily amount to millions of dollars.

Many of the lawsuits involving Erb's Psy have been settled without court. Lawyers for the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This can significantly shorten the legal process and prevent your family from having to face a judge or jury. However, if your family members cannot reach a settlement you will have to go to trial. This can take a considerable amount of time, however it can also result in a larger settlement.

The brachial plexus is a group of nerves which control movement within the arm. The forceful pulling of the head, neck, arms, or shoulders during labor and Erb's Palsy delivery -such as when doctors employ forceps or vacuum extractors excessively -- can harm the nerves and cause Erb's palsy. In many cases, this injury is preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also wish to spread awareness about the birth injury which could have been prevented. In the past these lawsuits helped families secure a fair financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured during the womb by medical negligence and was later diagnosed with brachial paralysis, an Erb's settlement for palsy can help to pay for Erb's palsy their medical treatment. This can include therapy, surgery as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and hospital's lawyers will likely seek a settlement prior to when the trial starts.

If you're unable to come to a deal the case will go to arbitration. This means that an impartial third party will hear both sides and decide who wins the case. This type of hearing is more informal than a court case, however it is vital to present witnesses and physical evidence.

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. You must ensure that all of your witnesses are aware that they are required to attend the hearing by submitting subpoenas before the hearing. Additionally, you must have your witnesses' addresses and phone numbers in case in case they are required to appear as witnesses in the future.

A complaint to the court

Many children who suffer from Erb's syndrome can overcome physical limitations through daily physical therapy. Some will require surgery to repair sprained or separated nerve fibers. However, a significant number of children will not recover in any significant way and will have to live with the effects of this birth injury for life. Parents who believe that their Erb's palsy in their child was the result of medical negligence during the birth process have the right to seek fair compensation for the injuries suffered by their child.

To determine the worth of your case, your lawyer will work with specialists in treating these ailments to come up with a lifetime cost-of living estimate. This will help determine the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also help you get 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 identified the harms your child has suffered, she will start a lawsuit against defendants. Both sides will go through the discovery phase which involves exchanging evidence like expert opinions, depositions, medical documents, and so on. This is an important part of your legal defense because it allows you to develop your case. Settlements can take up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to secure compensation for medical expenses and future treatment costs, including adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove the error that caused the brachial plexus injuries to your child, which could include medical documents, witness statements and expert testimony. After your lawyer has gathered this evidence, they will make a claim against the defendants, which are typically the medical experts who delivered your child. The defendants are then given a set period of time to respond. In this discovery phase each side will gather evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial, because it's 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 go to an appeal to a jury verdict. A successful verdict could give families a sense justice and increase awareness of ways to avoid future birth injuries. If, however, your verdict is not favorable to you then you may appeal the decision. This could take a bit longer, but it will increase the amount you receive.