Erb's Palsy Litigation

Legal action in the aftermath of your child's plexus brachial injury can bring you and your family closure. However, the litigation process is a bit complicated and requires skilled legal representation.

If you win your lawsuit, your family may be awarded compensation for the medical bills of your child and future treatment. Learn more about the Erb's Palsy lawsuit process.

The Legal Process

The most common reason families file an erb's palsy attorney (your input here) palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the specific situation. It could easily amount to millions of dollars.

Many Erb's Palsy lawsuits are settled without court. Lawyers for the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can significantly shorten the legal process, and also prevent your family from having to go before the jury or judge. If your family is unable to come to a deal, you will need to go to court. This could take a long amount of time, but it could also result in a larger award.

The brachial nerves regulate the movement of the arm. During labor and birth excessive forceful pulling on the head, neck or shoulders or on the arms could damage these nerves, Erb's Palsy attorney causing Erb's Palsy. This injury is often prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to create awareness about this birth injury which could have been avoided. In the past, these lawsuits have helped families obtain an appropriate financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured while in the womb as a result of medical negligence and was later diagnosed with brachial sprains, an Erb's settlement for palsy can help pay for their care. This could include treatment, Erb's palsy Attorney therapy, assistive devices, and procedures.

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

If you fail to reach an agreement, the case will go to arbitration. This means that a neutral third party will hear both sides and decide who will win the lawsuit. This type of hearing can be more informal than a trial, however it's crucial to present witnesses and evidence to the proceedings.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can present at the hearing in person or you can present their testimony through video conferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas ahead of time. You should also keep the names of witnesses' telephone numbers and addresses on file, in case you need to contact them as a future witness.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some children require surgery to repair damaged nerve fibers. However, a significant proportion of children will not recover to a significant degree and will have to live with the limitations of this birth injury for the rest of their lives. Parents who believe that their child's Erb's syndrome was the result of medical negligence during the birth process have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors who specialize in treating this condition. They will create an estimated cost of living for life estimate. This is used to determine how much you are entitled to receive from the Erb's palsy settlement. Your lawyer will also help you get copies of your child's medical records and determine if the doctor responsible for your child's birth had an history of similar malpractice cases.

Once your lawyer has identified the harms your child has suffered, she will bring a lawsuit against the defendants. Both parties will go through the discovery process which involves exchanging evidence such as expert opinions, depositions, additional medical records, and more. This is an essential part of the legal process as it allows both sides to construct their arguments. Settlements can last for up to one year.

Settlement

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

Your lawyer will need evidence to show that malpractice caused the brachial plexus injury in your child. This may include medical records and witness statements as well expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a set time frame to respond. In this discovery phase, each side will gather evidence to prove its case.

Most lawsuits are settled outside of court rather than go to trial, since it's more cost-effective for all parties involved. If your attorney is confident that they can win the case in court it could be decided to take it to the jury for a verdict. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and help raise awareness to prevent these types of injuries from occurring in the future. If the verdict you receive is not favorable you can appeal. Although this process may take more time but it also increases the amount of the amount you are awarded.