Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family to find closure. The litigation process can be complex and requires an experienced lawyer.

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

The Legal Process

Families file Erb's-Palsy lawsuits to seek compensation for medical costs 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 reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and defendant will collaborate to negotiate a settlement that is acceptable to both parties. This can speed up the legal process dramatically and keep your family from having a judge or jury decide on their case. If your family is unable reach an agreement on a settlement the family will have to go to the court. This could take a long time, however, it could result in a larger award.

The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling on the head, neck or shoulders or on the arms can cause nerve damage, resulting in erb's palsy attorneys Palsy. In many instances, the injury is preventable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness about the birth injury that 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 during the womb as a result of medical negligence and suffered brachial palsy, an Erb's Palsy settlement can help you pay for their care. This may include treatment, therapy as well as assistive devices and operations.

Many lawsuits settle outside of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and hospital's attorneys will likely attempt to reach an agreement before the trial gets underway.

If you're not able to settle your dispute the case will be taken to arbitration. A neutral third party will hear both sides and decide who wins the case. This type of hearing is more informal than a court trial however it is vital to provide witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can either have your witnesses attend the hearing or present their statements through video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas ahead of time. Additionally, you should keep your witnesses' addresses and phone numbers on file in case they are called as a witness in the future.

Complaints in the Court

Many children suffering from Erb's syndrome can overcome physical limitations through intensive daily physical therapy. Some will require surgery to repair sprained or separated nerve fibers. However, a significant proportion of children do not recover to any measurable degree and will be left with the effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to fair compensation.

Your lawyer will collaborate with doctors that specialize in treating this condition to develop the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records, and investigate whether or not the doctor who gave you your child's care had a record of malpractice cases.

When your lawyer has a good understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal defense because it allows you to build your case. It could take up to a year to negotiate a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able get compensation for medical expenses and future treatment costs which include adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer must gather evidence to prove malpractice that caused your child's brachial plexus injury that could include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, Erb's Palsy lawsuits they will make a claim against the defendants. They are typically the medical professionals who gave your child. The defendants are then given a certain time frame to respond. In this phase of discovery each side will gather evidence to support their claims.

Most lawsuits are settled out of court instead of going to trial, because it's cheaper for all parties involved. If your attorney is convinced that they will prevail in the case at trial and decides to take it to the jury. A successful verdict can give families a sense justice and raise awareness about how to prevent future birth injuries. If the verdict you receive is not favorable you can appeal. Although this process may take longer, it can also increase the amount of compensation you receive.