Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family will receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

Families file lawsuits against Erb's palsy to recover compensation for medical costs and other losses. The amount of money that is awarded in a settlement is dependent on the particular situation of your child as well as the severity of their injuries, but it can easily go into the millions of dollars.

Many of palmdale erb's palsy law firm palsy lawsuits have been resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically reduce the legal process, and also prevent your family from facing jurors or judges. However, if your family members cannot reach a settlement you will have to go to trial. It can take a long time, but it can also potentially result in a higher award.

The brachial plexus is a set of nerves that control movement within the arm. Forcing the head, neck, arms, or shoulders during labor and deliverysuch as when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves and cause Erb's palsy. This injury is often preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to increase awareness of this birth injury which could have been avoided. In the past these lawsuits helped families get an affordable financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured during the womb because of medical negligence and has suffered brachial sprains, an Erb's settlement for palsy can help pay for their care. This can include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and the hospital's lawyers will most likely try to reach an agreement before the trial starts.

If you cannot reach an agreement, your case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This kind of hearing could be more informal than a trial, but it is important to provide witnesses and evidence for the hearing.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to present at the hearing in person, or they can give their testimony through video conferencing. Subpoenas need to be sent in advance to all witnesses in order they are aware of the requirement to be present at the hearing. In addition, you must have your witnesses' addresses and phone numbers in case in case they're called as a witness in the future.

Complaint in Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intense physical therapy every day. Some will require surgery to fix torn or damaged nerve fibers. Many children are never able to recover and must continue to live their lives with the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair amount of compensation.

To determine the worth of your case your lawyer will collaborate with specialists in treating these ailments to develop a lifetime cost-of-living estimate. This determines the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also assist to obtain copies of your child's medical records, and look into whether or not the doctor who gave you your child had a previous record of malpractice cases.

Once your lawyer has identified the injuries suffered by your child then she will make a claim against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal argument because it allows you to construct your arguments. Settlements can take up to one year.

Settlement

If your lawsuit against Erb's Palsy is a success your lawyer could be able to secure compensation to pay for medical costs, future treatment costs and adaptive devices in addition to physical therapy. You could receive damages due to 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 that could include medical documents, witness statements, Erb's Palsy and expert testimony. Once your lawyer has collected the evidence, he will bring a lawsuit against the defendants. They are typically the medical professionals that gave your child. The defendants will be given a set period of time to respond to the lawsuit, and during the discovery phase, both sides will gather more evidence to support their claims.

Most lawsuits are settled out of court rather than going to trial because it's more cost-effective for all parties involved. If your attorney is confident that they will win the case in court they may decide to go to the jury for a verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice and help raise awareness and prevent these types of injuries from happening in the future. However, if the verdict is not favorable to you, you can appeal the decision. While this process could take more time, it can also increase the amount of the amount you are awarded.