Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can help bring you and your family closure. The process of litigation can be complicated and requires a skilled lawyer.

If you win your lawsuit, your family could receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb's-Palsy lawsuit process.

The Legal Process

Families file Erb's-Palsy lawsuits to obtain the cost of medical treatment and other losses. The amount of money that is awarded in a settlement is dependent on the particular case of your child and the extent of their injuries, but it could easily reach the thousands of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from facing an attorney or a jury. If your family is unable come to a deal, you will need to go to the court. This can take a significant amount of time, but could also result in a larger award.

The brachial nerves control the movement of the arm. During labor and birth, excessive forceful pulling of the neck, head or shoulders, erb's Palsy Law firms or on arms, could cause nerve damage, resulting in Erb's palsy. This injury is often preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to create awareness of this birth injury that could have been prevented. In the past, these lawsuits helped families secure a fair financial settlement to help their child's future.

Mediation or Arbitration

If your child sustained an injury to the brachial nerve in the womb due to medical negligence, an erb's palsy law firms settlement can help pay for his or her care. This may include treatment, therapy devices, assistive devices, and operations.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a judge could reverse a verdict given by a jury. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement before the trial begins.

If you are unable to reach an agreement, the case will go to arbitration. A neutral third party will hear both sides and decide who will win the case. The hearing may be more informal than a trial, however it's important to present witnesses and evidence for the hearing.

You will also require copies of all legal documents as well as witnesses to present at the hearing. You can choose to witness your witnesses attend the hearing or provide their testimony via 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. Also, keep the numbers of your witnesses and addresses on file in case you have to call them as a future witness.

Complaints in the Court

Many children with Erb's -Pallsy can overcome physical limitations through regular physical therapy. Some may require surgery to repair torn or separated nerve fibers. Many children are not able to recover and will have to live with the consequences 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 a fair amount of compensation.

Your lawyer will work with specialists in treating this condition to develop the lifetime cost of living estimate. This will help determine the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor involved in your child's birth had previous malpractice cases.

Once your lawyer has a solid knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal case as it allows you to build your case. It can take as long as an entire year before you can arrive at a settlement.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer might be able to get compensation to pay for medical expenses as well as future treatment costs. adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the injury to the brachial nerve in your child. This may include medical records and testimony from witnesses as well as expert testimony. After your lawyer has gathered the evidence, they will file a lawsuit against the defendants. These are usually the medical professionals that have delivered your child. The defendants are then given a set time frame to respond. In this discovery phase each side will gather evidence to support their claims.

Most lawsuits are settled out of court, rather than going to trial because it's more cost-effective for everyone involved. If however, your attorney believes they will win at trial, they may decide to take the case all the way to a jury verdict. A successful verdict can bring families a sense that justice has been done and increase awareness of ways to avoid future birth injuries. However, if the verdict is not favorable to you it is possible to appeal the decision. This procedure could take longer, but it can increase the amount you receive.