Erb's Palsy Litigation

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

A successful lawsuit can 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

The most common reason for Erb's palsy lawsuit families to start an Erb's Palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement will depend on the particular case of your child and the severity of their injuries but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can drastically cut down on the legal process, and also prevent your family from having to appear before an attorney or a jury. If your family members cannot reach the terms of settlement, you'll need to go to trial. This can take a lot of time, however it can also result in a bigger amount.

The brachial nerves control the movement of the arm. During labor and birth, excessive forceful pulling of the head, erb's Palsy lawsuit neck or shoulders or on the arms could cause nerve damage, resulting in Erb's palsy. In many instances, the injury can be prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to raise awareness of the birth injury that could have been avoided. In the past, these lawsuits have helped families receive an equitable settlement in order to ensure their child's future.

Arbitration or Mediation

If your child was injured in the womb because of medical negligence, and suffered from brachial sprains, an Erb's Palsy settlement can help you pay for their care. This could include surgery, therapy, assistive devices and treatment.

Many lawsuits settle outside of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will most likely try to come to an agreement before the trial begins.

If you're not able to reach a settlement, your case will proceed to arbitration. This means that an impartial third party will be able to hear both sides and decide who wins the case. This type of hearing is more informal than a court trial, but it is essential to present witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can invite your witnesses to 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. Additionally, you must have the addresses of your witnesses and phone numbers on file in case they are required to appear as witnesses in the future.

Complaints in Court

Many children who suffer from erb's palsy attorneys syndrome can overcome physical limitations through intense physical therapy every day. Some may require surgery to repair damaged or separated nerve fibers. Many children do not recover and are forced to live suffering from the effects of this birth injury. Parents who believe that their Erb's palsy in their child was due to negligence by a medical professional during the birth procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

To establish the value of your case Your lawyer will work with doctors who are experts in treating these ailments to create a cost-of-living estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer can also help you get copies of your child's medical records, and look into whether the doctor who treated your child had a previous history of malpractice cases.

If your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery phase which involves exchanging evidence, including expert opinions, depositions medical records, and more. This is a crucial aspect of your legal proceeding as it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

If your erb's palsy law firms palsy suit is successful, your lawyer might be able to get compensation for medical costs and future treatment costs including 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 need to collect evidence to prove the mistake that led to your child's brachial plexus injury and may include medical documents, witness statements and expert testimony. After your lawyer has collected this evidence, they will file the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a specific amount of time to reply. In this discovery phase, each side will gather evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial as it is cheaper for all parties involved. If your attorney is confident that they will win the case in court it could be decided to pursue it to the jury for a verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and raise awareness in order to prevent these types of injuries from happening in the future. However, if your verdict is not favorable to you it is possible to appeal the decision. This process may take longer, but it can increase the amount you get.