Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial injury can bring you and your family closure. The litigation process can be complicated and requires an experienced lawyer.

If you win your lawsuit, your family will receive compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money that is awarded in a settlement depends on the specific situation of your child and the extent of their injuries, but it could easily reach the millions of dollars.

Many cases involving Erb's palsy have been settled out of court. Lawyers for the plaintiff and defendant work together to reach an agreement that pleases both parties. This can drastically reduce the legal process and avoid your family from having to appear before an attorney or a jury. If your family is not able to come to a deal and you are unable to reach a settlement, you must appear in court. This could take a long beach erb's palsy law firm amount of time, however it can also result in a larger award.

The brachial area is a group of nerves that control movement in the arm. The forceful pulling of the head, neck, arms or shoulders during labor and delivery -such as when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves, causing lowell erb's palsy lawsuit palsy. In many instances, the injury is preventable. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about the birth injury that could have been avoided. In the past, these lawsuits have helped families obtain an affordable settlement in order to ensure their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus during birth due to medical negligence, an Erb's Palsy settlement can help pay for their treatment. This can include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers are likely to attempt to negotiate an agreement before the trial starts.

If you are unable come to a deal, your case will proceed to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of 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.

You will also require copies of all legal documents and witnesses to present at the hearing. You can witness your witnesses attend the hearing or give statements through video conferencing. Subpoenas should be sent in advance to all witnesses so they are aware of the requirement to be present at the hearing. Also, keep the names of witnesses' telephone numbers and addresses on file in case you have to contact them as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's Palsy are able to overcome physical limitations by intensive daily physical therapy. Some may require surgery to repair damaged or damaged nerve fibers. A large number of children are not able to recover and Palsy will have to live suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to fair compensation.

To determine the worth of your case the lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also assist to obtain copies of your child's medical records, and also determine whether or not the doctor who treated your child's diagnosis had a prior record of malpractice cases.

Once your lawyer has a clear knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal action because it allows both sides to develop their arguments. Settlements can last for up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation to cover medical expenses and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove the negligence that caused the brachial plexus injury to your child which could include medical records, witness statements and expert testimony. Once your attorney has gathered the 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 certain amount of time to respond. In this phase of discovery each side will collect evidence to support their claims.

Most lawsuits are settled out of court rather than going to trial, since it's cheaper for all parties involved. If your lawyer believes that they can win in court, they could choose to take the case all the way to an appeals court verdict. A successful verdict could provide families with a sense of justice and help spread awareness about how to prevent future birth injuries. If your verdict is not in your favor You can appeal the decision. This process may take longer, but it will increase the amount you get.