Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family to find closure. The process of litigation can be complicated and requires an experienced lawyer.

A successful lawsuit can award your family members compensation for child's medical bills and any future treatment. Learn more about the Erb's Palsy lawsuit process.

The Legal Process

Families file lawsuits against erb's palsy law firm palsy to seek compensation for medical expenses and lunytest.shop other losses. The amount of money offered in a settlement will depend on your child's specific case and the extent of their injuries, but can easily soar into the millions of dollars.

Many of the Erb's palsy lawsuits are settled outside of court. The lawyers representing both the plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This could speed up the legal process by a significant amount and spare your family from having a jury or judge decide on their case. If your family members are unable to reach a settlement the family will have to go to court. This could take a long amount of time, but could also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head, arms, or shoulders during labor and birthsuch as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves, causing Erb's palsy. This type of injury is usually preventable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to raise awareness about this birth injury which could have been avoided. In the past, these lawsuits helped families get an equitable financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured by an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's settlement could help you pay for his or her treatment. This could include therapy, surgery, assistive devices and treatment.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a judge could reverse a verdict given by the jury. Your lawyer and the hospital's lawyers will probably try to reach an agreement before the trial gets underway.

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

You will also need copies of all legal documents and witnesses to present at the hearing. Witnesses may be required to present at the hearing in person, or they can give their testimony via video conferencing. You must ensure that all of your witnesses are aware they must attend the hearing by submitting subpoenas before the hearing. In addition, you must have the addresses of your witnesses and phone numbers on file in case they're called as a witness in the future.

Complaint in the Court

Many children suffering from Erb's Palsy can overcome physical limitations through intense daily physical therapy. Some may require surgery to fix torn or damaged nerve fibers. However, a significant number of children are not able to recover to any measurable degree and will be forced to live with the effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with doctors that specialize in treating this condition to create 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 get copies of the medical records for your child and investigate whether the doctor involved in your child's birth had previous malpractice cases.

If your lawyer has a clear understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will go through the discovery process which involves exchanging evidence like expert opinions, depositions medical records and more. This is an essential aspect of your legal defense because it helps you build your case. It can take up an entire year before you can reach a settlement.

Settlement

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

Your lawyer will require evidence to show that malpractice caused the injury to the brachial plexus in your child. This could include medical records and testimony from witnesses as well as expert testimony. Once your attorney has gathered this evidence, they'll start a lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are then given a set amount of time to respond. In this phase of discovery each side will gather evidence to support their claims.

Most lawsuits are settled outside of court, rather than going to trial due to the fact that it's more cost-effective for all parties involved. If your attorney is convinced that they will win the case in court they may decide to take it to an appeal to a jury verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice and raise awareness to prevent these types of injuries from happening again in the future. If your verdict is not favorable you may appeal. This process may take longer, but it could increase the amount you receive.