Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could aid you and your family get closure. The process of litigation is complicated and requires a skilled lawyer.

If you are successful in your lawsuit, your family can receive compensation for the medical bills of your child and future treatment. Learn more about the Erb’s palsy lawsuit procedure.

The Legal Process

The most frequent reason for families to pursue an Erb's-related lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on the particular case of your child and the severity of their injuries but can easily soar into the thousands of dollars.

Many of the lawsuits involving Erb's Psy settle out of court. The lawyers for both the plaintiff and defendant collaborate to reach an acceptable settlement to both parties. This can shorten the legal process by a significant amount and save your family from having a judge or jury decide their case. If your family members are unable to come to a deal and you are unable to reach a settlement, you must appear in the court. This can also take a long time however, it could result in a higher award.

The brachial complex is a collection of nerves which control movement in the arm. During labor and birth excessive forceful pulling on the neck, head or shoulders, or on the arms could damage these nerves, causing Erb's palsy. This condition is usually avoidable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of the birth injury that could have been prevented. In the past, these lawsuits have helped families obtain an appropriate settlement in order to ensure their child's future.

Mediation or lawyers Arbitration

If your child was injured while in the womb as a result of medical negligence and was later diagnosed with brachial palsy, an Erb's Palsy settlement could help you cover the cost of their treatment. This can include therapy, surgery, Lawyers assistive devices and treatment.

Many lawsuits settle without court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a court could reverse a verdict given by jurors. Your lawyer and hospital's attorneys will likely attempt to reach an agreement prior to the trial beginning.

If you fail to reach an agreement, your case will go to arbitration. This means that a neutral third party will take in both sides and decide who wins the lawsuit. This type of hearing is more informal than a court trial however it is vital to provide witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can either invite your witnesses to attend the hearing or present their statements through video conferencing. Subpoenas should be sent in advance to all witnesses to ensure they are aware of the requirement to attend the hearing. In addition, you must have the addresses of your witnesses and telephone numbers on file in case they're called as witnesses in the future.

Complaints in Court

Many children who suffer from Erb's Palsy can overcome their physical limitations with daily physical therapy. Some children require surgery to repair the torn nerve fibers. Many children do not recover and are forced to live their lives suffering the effects of this birth injury. Parents who believe their child's erb's palsy lawyer syndrome was the result of medical negligence during the delivery process have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

To determine the worth of your case your lawyer will collaborate with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This determines the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and also determine whether or not the doctor who performed surgery on your child's treatment had a previous experience of malpractice.

If your lawyer has a clear understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will undergo the discovery phase, which includes exchanging evidence, including expert opinions, depositions, additional medical documents, and so on. This is an important part of your legal argument because it helps you build your case. Settlements can take as long as one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer might be able to obtain compensation for medical expenses and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove mistake that led to the brachial plexus injury to your child and may include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will make a claim against the defendants. They are typically the medical professionals who have delivered your child. The defendants will be given a specified period of time to respond to the lawsuit, and during this process of discovery both sides will collect more evidence to support their assertions.

Most lawsuits are settled out of court instead of going to trial because it's more cost-effective for all parties involved. If your attorney is convinced that they'll win the case in court they may decide to try to get a jury verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and can help increase awareness and prevent these types of injuries from happening in the future. If your verdict isn't favorable you can appeal. While this process can take more time but it also increases the amount of the amount you are awarded.