Erb's Palsy Litigation

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

If you win your lawsuit, your family may receive compensation for medical bills of your child and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason for families to pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific situation. It can easily reach millions of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and defendant collaborate to negotiate an acceptable settlement to both parties. This can drastically reduce the legal process and save your family from having to appear before a judge or jury. If your family cannot agree on a settlement you will have to go to trial. This can take a long time but it can also potentially result in a higher award.

The brachial area is a group of nerves that regulate movement in the arm. When you are pregnant excessive forceful pulling of the neck, head, or shoulders, or on the arms could cause nerve damage, resulting in Erb's palsy. In many cases, this injury can be prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness about this birth injury that could have been avoided. In the past the lawsuits have helped families get an appropriate financial settlement to get their child's life back on path.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence, and suffered from brachial paralysis, an Erb's Palsy settlement could help you cover the cost of their treatment. This could include treatment, therapy devices, assistive devices, and surgeries.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court could reverse a verdict given by jurors. Your lawyer and hospital's lawyers will likely seek an agreement prior to the trial begins.

If you are unable to reach an agreement, the case will be sent to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This hearing is more informal than a court trial, but it is essential to present witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to present at the hearing. You can either invite your witnesses to attend the hearing or give statements via videoconferencing. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas before the hearing. Also, keep your witnesses' numbers and addresses in the file in case you have to contact them as an upcoming witness.

Complaints in Court

Many children with Erb's -Pallsy are able to overcome physical limitations by intense daily physical therapy. Some children require surgery to repair damaged nerve fibers. However, a large percentage of children don't recover to a significant degree and will be left with the effects of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair amount of compensation.

To determine the worth of your case, your lawyer will work with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and investigate whether the doctor involved in your child's birth had previous malpractice cases.

Once your lawyer understands the injuries suffered by your child she will bring a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal case because it allows you to develop your arguments. Settlements can take up to one year.

Settlement

If your youngstown erb's palsy lawsuit (click through the following page) 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 may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will require evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records, Youngstown Erb's Palsy Lawsuit witness statements as well expert testimony. Once your lawyer has gathered the evidence, they will bring the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are given a specified period of time to respond to the lawsuit. during this process of discovery each side will gather more evidence to support their assertions.

Most lawsuits settle out of court instead of going to trial, because it's cheaper for all parties involved. However, if your attorney believes they will win in court, they might decide to pursue the case to the verdict of a jury. A successful verdict in a birth injury lawsuit could bring families a sense of justice and help raise awareness and prevent these types of injuries from happening in the future. If your verdict is not favorable you can appeal. This process may take longer, but it could raise the amount you receive.