Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could help you and your family find closure. However, the process of litigation is complex and requires expert legal representation.

If you prevail in your lawsuit, your family could receive compensation for medical bills of your child as well as future treatment. Find out more about the Erb's palsy litigation procedure.

The Legal Process

The most popular reason for families to bring an Erb's palsy suit is to get compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the particular situation. It could easily be millions of dollars.

Many of the Erb's Palsy lawsuits have been settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that pleases both parties. This can significantly speed up the legal process and avoid your family from having to go before the jury or judge. However, if the family cannot agree on an agreement, you'll have to go to trial. This can take a significant amount of time, but can also result in a bigger amount.

The brachial nerves control the movement of the arm. A forceful pull on the neck, head, arms or shoulders during labor and deliveryfor example, when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves and cause Erb's palsy. This condition is usually prevented. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also wish to spread the word about this birth injury which could have been prevented. In the past these lawsuits helped families secure an appropriate settlement in order to ensure their child's future.

Mediation or Arbitration

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

Many lawsuits are settled outside of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a court overturning a jury verdict. Your lawyer and hospital's lawyers will most likely seek to negotiate a settlement before the trial starts.

If you are not able to reach an agreement, your case will be referred to arbitration. A neutral third party will listen to both sides and decide who will win the case. The hearing may be more informal than a trial, however it is important to provide witnesses and evidence for the hearing.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to invite your witnesses to the hearing or give statements through video conferencing. You must ensure that all your witnesses are aware they will be required to appear at the hearing by submitting subpoenas in advance. Additionally, you should have the addresses of your witnesses and phone numbers on file in case they are called to testify in the future.

Complaints in Court

Many children suffering from Erb's Palsy can overcome physical limitations with regular physical therapy. Some children will need surgery to repair torn 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 a result of medical malpractice during the birth process are entitled to fair compensation.

Your lawyer will work with doctors that specialize in treating this condition to produce the lifetime cost of living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's settlement for palsy. Your lawyer can also help you obtain copies of your child's medical records, and Erb's palsy also determine whether the doctor who delivered your child had a previous experience of malpractice.

When your lawyer is aware of the injuries suffered by your child and the child's injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery process which includes exchanging evidence, including expert opinions, depositions, additional medical documents, and so on. This is an essential aspect of your legal argument because it helps you build your case. It can take up an entire year to arrive at a settlement.

Settlement

When your cape coral erb's palsy law firm palsy lawsuit is successful, your lawyer might be able get compensation for medical expenses and future costs for treatment which include adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer will have to gather evidence to prove malpractice that caused your child's brachial plexus injury and may include medical documents, witness statements, and expert testimony. After your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will then be given a specific period of time to respond to the suit, and during the discovery phase each side will gather additional evidence to prove their assertions.

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 lawyer is confident that they will win the case at trial and decides to pursue it to a jury verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and raise awareness to prevent these kinds of injuries from occurring in the future. If your verdict isn't favorable, you can appeal. This procedure could take longer, but it could increase the amount you get.