Erb's Palsy Litigation

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

If you win your lawsuit, your family may receive compensation for medical expenses of your child and future treatment. Learn more about the Erb's syndrome lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to seek compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the particular case. It can easily reach millions of dollars.

Many of Erb's palsy lawsuits have been settled out of court. The lawyers of both the plaintiff and defendant come together to negotiate an acceptable settlement to both parties. This could cut down the legal process dramatically and Erb's Palsy lawsuits prevent your family from having a judge or jury decide on their case. If, however, your family is unable to reach an agreement, you'll have to go to trial. This can take a long time, but it could also result in a higher award.

The brachial nerves control the movement of the arm. Forcing the head, neck, shoulders or arms during labor and deliveryfor example, when doctors use forceps or vacuum extractors excessively -- can cause damage to these nerves and cause Erb's palsy. This condition is usually preventable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness of this birth injury that could have been prevented. In the past these lawsuits helped families get an affordable financial settlement to support their child's future.

Mediation or Arbitration

If your child was injured during the womb as a result of medical negligence and was later diagnosed with brachial paralysis, an erb's palsy lawsuit Palsy settlement could help you to pay for their medical treatment. This could include surgeries, therapy, Erb's Palsy lawsuits assistive devices and treatment.

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

If you are unable to reach an agreement, your case will be referred to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. The hearing may be more informal than a trial, but it is important to provide witnesses and evidence to the proceedings.

You will also need copies of all legal documents and witnesses to present at the hearing. You can have witnesses attend the hearing in person, or they can give their testimony through video conferencing. Subpoenas must be issued in advance to all witnesses in order they are aware the requirement to attend the hearing. Additionally, you must have the addresses of your witnesses and phone numbers on file in case they're called to testify in the future.

Complaints in Court

Many children who suffer from the condition erb's palsy law firms-Palsy can overcome physical limitations with regular physical therapy. Some will require surgery to repair sprained or separated nerve fibers. A significant number of children do not recover and are forced to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair amount of compensation.

To determine the value of your case the lawyer will work with specialists in treating these ailments to come up with a lifetime cost-of living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records and investigate whether the doctor who performed your child's birth had previous 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 parties will go through the discovery phase which includes exchanging evidence, including expert opinions, depositions medical documents, and so on. This is an essential aspect of your legal case because it allows you to build your arguments. Settlements can last for up to one year.

Settlement

If your Erb's palsy suit is successful, your lawyer might be able to get compensation for medical expenses and future treatment costs, including adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial area in your child. This may include medical records and testimony from witnesses as well as expert testimony. After your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants will be given a specified period of time to respond to the lawsuit. during the discovery phase both sides will collect additional evidence to back their assertions.

Most lawsuits are settled out of court rather than going to trial because it is more cost-effective for all parties involved. However, if your attorney is confident they can win at trial, they may decide to take the case to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice and can help increase awareness and prevent these types of injuries from happening again in the future. If the verdict you receive is not favorable you can appeal. Although this process may take longer but it also increases the amount of compensation you receive.