Erb's Palsy Litigation

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

A successful lawsuit could grant your family compensation for child's medical bills as well as future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file erb's palsy lawyers-Palsy lawsuits to get compensation for medical expenses and other expenses. The amount of money awarded is contingent on the severity of your child's injuries as well as the specific case. It can easily reach millions of dollars.

Many Erb's Palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process and save your family from having to face jurors or judges. If your family is unable reach a settlement, you will need to appear in court. This could take a long time, but it can also potentially result in a higher amount.

The brachial area is a group of nerves which control movement in the arm. During labor and palsy birth, excessive forceful pulling of the neck, head, or shoulders, or on the arms could cause nerve damage, resulting in Erb's Palsy. This condition is usually avoidable. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to create awareness about this birth injury which 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 has suffered an injury to the brachial nerve in the womb due to medical negligence, an Erb's settlement could help you to pay for the care. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits settle outside of court. This lets plaintiffs receive compensation faster and avoids the possibility that a court could reverse a verdict given by jurors. Your lawyer and hospital's attorneys will likely attempt to negotiate an agreement before the trial gets underway.

If you're unable to settle your dispute your case will be sent to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This type of hearing is more informal than a court trial however, it is crucial to present witnesses and other physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can either invite your witnesses to attend the hearing or provide their statements via videoconferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas before the hearing. You should also keep your witnesses' phone numbers and addresses on file in case you have to call them as witnesses in the future.

Complaints in the Court

Many children with Erb's -Pallsy can overcome physical limitations with intensive daily physical therapy. Some children will need surgery to repair the torn nerve fibers. Many children are never able to recover and must continue to live their lives with the effects of this birth injury. Parents who believe their child's Erb's syndrome was the result of negligence in the delivery process are entitled to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with specialists in treating this condition to develop an annual cost of living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child’s medical records and determine whether the doctor who gave you your child's care had a record of malpractice cases.

Once your lawyer has identified the child's injuries she will bring a lawsuit against the defendants. Both sides will go through the discovery phase which includes exchanging evidence, including expert opinions, depositions medical documents and more. This is a crucial part of your legal defense because it allows you to develop your arguments. It can take as long as a year to negotiate a settlement.

Settlement

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

Your lawyer will have to gather evidence to prove the mistake that led to your child's brachial-plexus injury that could include medical records, witness statements, and expert testimony. After your lawyer has collected this evidence, they'll file the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants are then given a specific time frame to respond. In this phase of discovery, each side will gather evidence to back up their claims.

Most lawsuits are settled outside of court rather than going to trial since it is cost-effective for everyone involved. If your attorney is convinced that they will prevail in the case in court they may decide to pursue it to a jury verdict. A successful verdict will give families a sense justice and help spread awareness about how to prevent future birth injuries. However, if your verdict is not in your favor, you can appeal the decision. While this process can take more time but it also increases the amount of the compensation you receive.