Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family to find closure. However, the litigation process is complex and requires skilled legal representation.

If you are successful in your lawsuit, your family will receive compensation for medical expenses of your child as well as future treatment. Find out more about Erb's palsy litigation procedure.

The Legal Process

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

Many of the lawsuits involving Erb's Psy have been settled without court. The lawyers for both plaintiff and defendant collaborate to negotiate a settlement that is acceptable to both parties. This can shorten the legal process dramatically and save your family from having a jury or Vimeo judge decide on their case. However, if the family cannot agree on an agreement, you'll have to go to trial. This could take a long time, but it can also potentially result in a higher award.

The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling of the head, neck or shoulders, or on the arms could damage these nerves, causing Erb's Palsy. In many cases, this injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past these lawsuits helped families get a fair financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child was injured during the womb by medical negligence and suffered brachial sprains, an Erb's Palsy settlement could help you to pay for their medical treatment. This can include surgery, therapy aidive devices, and treatment.

Many lawsuits settle out of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys will likely seek a settlement prior to when the trial gets underway.

If you're unable to agree to a settlement your case will be sent to arbitration. A neutral third party will consider both sides and decide who wins the case. This type of hearing can be more informal than a trial, but it's crucial to present witnesses and evidence in the hearing.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to have your witnesses attend the hearing or give testimony via video conferencing. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. Keep the names of witnesses' telephone numbers and addresses on file in case you need to call them as an upcoming witness.

A complaint to the court

Many children with Erb's -Pallsy can overcome physical limitations through intense physical therapy every day. Some will require surgery to repair damaged or damaged nerve fibers. A significant number of children are not able to recover and will have to live with the consequences of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with doctors who are experts in treating this condition. They will create the lifetime cost of living estimate. This will allow you to determine the amount of compensation you are entitled to through your erb's palsy attorney settlement for palsy. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor who performed your child's birth had previous malpractice cases.

When your lawyer has a good understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal proceedings as it allows both sides to build their arguments. Settlements can last up to one year.

Settlement

If your Erb's Palsy lawsuit is a success your lawyer might be able obtain compensation to cover medical expenses for future treatment, future costs for Vimeo treatment and adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial nerve in your child. This could include medical records and witness statements as well expert testimony. Once your lawyer has gathered the evidence, they will bring a lawsuit against the defendants. These are usually the medical professionals who delivered your child. The defendants are then given a certain period of time to respond. In this phase of discovery the parties will gather evidence to support its claims.

Most lawsuits are settled outside of court, rather than going to trial because it is cheaper for everyone involved. If your lawyer is confident that they can win the case in court they may decide to take it to the jury for a verdict. A successful verdict can give families a sense justice and raise awareness about how to avoid any future birth injuries. If your verdict is not favorable, you can appeal. While this procedure can take longer but it also increases the amount of the compensation you receive.