Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family get closure. The litigation process can be complicated and requires an experienced lawyer.

A successful lawsuit could award your family compensation for your child's medical bills and any future treatment. Find out more about the Erb's-Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain reimbursement for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the specific situation. It can easily reach millions of dollars.

Many cases involving Erb's palsy settle without court. The lawyers for both plaintiff and defendant collaborate to reach an agreement that is acceptable to both parties. This can significantly speed up the legal process and save your family from having to face the jury or judge. If your family members are unable to reach a settlement and you are unable to reach a settlement, lawyers you must go to court. This can also take a long time but it could also result in a bigger award.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling of the neck, head, shoulders, or on the arms, can result in damage to these nerves and cause Erb's palsy. This type of injury is usually avoidable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also wish to raise awareness about this birth injury that could have been avoided. In the past these lawsuits have helped families get an equitable financial settlement and get their child's life back on course.

Arbitration or Mediation

If your child was injured by an injury to the brachial plexus during birth due to medical negligence, an Erb's palsy settlement could help you pay for their treatment. This can include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers will probably try to come to an agreement prior to the trial beginning.

If you are unable come to a deal your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. The hearing may be more informal than a trial, but it's crucial to present witnesses and evidence in the proceedings.

You will also require copies of all legal documents and witnesses to be present at the hearing. You can either invite your witnesses to the hearing or submit their testimony via video conferencing. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas in advance. In addition, you must have the addresses of your witnesses and phone numbers on file in the event that they are needed to testify in the future.

A complaint to the court

Many children who suffer from lakewood erb's palsy lawsuit syndrome can overcome physical limitations through regular physical therapy. Some may require surgery to repair torn or separated nerve fibers. However, a significant number of children are not able to recover in any way and will have to live with the effects of this birth injury for the rest of their lives. Parents who believe their child's Erb's syndrome was the result of medical negligence during the birth procedure have the right to seek fair compensation for their child's injuries.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create an annual cost of living estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child's medical records and determine whether or not the doctor who treated your child's treatment had a previous record of malpractice cases.

If your lawyer has a clear understanding of the injuries of your child then she will start a lawsuit against defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal proceedings since it allows both sides to build their arguments. Settlements can last for up to one year.

Settlement

If your Erb's palsy suit is successful, Lawyers your lawyer may be able get compensation to cover medical costs and future treatment costs, including adaptive devices and physical therapy. You may 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 error that caused 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 bring the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants will then be given a specific amount of time in which to respond to the suit, and during this discovery phase, both sides will gather more evidence to support their claims.

Most lawsuits settle out of court, rather than going to trial, because it's more cost-effective for all parties involved. However, if your attorney believes they will win in court, they could choose to take the case all the way to an appeals court verdict. A successful verdict will give families a sense of justice and raise awareness about how to avoid any future birth injuries. If your verdict isn't favorable you can appeal. This could take a bit longer, but it could increase the amount you get.