Erb's Palsy Litigation

Taking legal action in the aftermath of your child's plexus brachial injury can help bring your family and you closure. The process of suing can be complicated and requires a skilled lawyer.

If you win your lawsuit, your family can receive compensation for the medical expenses of your child and future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason families bring an erb's palsy attorneys palsy suit is to recover compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the particular case of your child and the severity of their injuries, but can easily soar into the millions of dollars.

Many of Erb's palsy lawsuits have been resolved outside of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This could cut down the legal process by a significant amount and save your family from having a jury or judge decide their case. If your family members are unable to agree on the terms of settlement, you'll need to go to trial. This can take a long time however, it could 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 could result in damage to these nerves and cause Erb's Palsy. In many instances, the injury is 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 the lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child has suffered an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's settlement can help pay for his or her treatment. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits settle without court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers are likely to seek a settlement prior to when the trial starts.

If you are unable to reach an agreement, your case will go to arbitration. A neutral third party will consider both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it's important to present physical evidence and witnesses 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 may be required to present at the hearing in person or Erb's palsy lawsuit they can give their testimony through video conference. Subpoenas must be sent in advance to all witnesses so they are aware of the requirement to be present at the hearing. Also, keep the numbers of your witnesses and addresses in the file in case you have to call them as witnesses in the future.

Complaints in Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intense daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a significant number of children do not recover to a significant degree and must live with the limitations 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 birth process are entitled to a fair amount of compensation.

To establish the value of your case, your lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This will help you determine the amount of compensation you are entitled to through your Erb's settlement for palsy. Your lawyer can also assist you get copies of your child's medical records and investigate whether the doctor responsible for your child's birth had prior experience with similar malpractice cases.

Once your lawyer has a good understanding of your child's injuries after which she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase which includes exchanging evidence such as expert opinions, depositions, medical records and more. This is a crucial aspect of the legal process because it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

If your Erb's Palsy lawsuit is a success the lawyer may be able to get compensation to pay for medical costs as well as future treatment costs. adaptive devices in addition to physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer must gather evidence to prove the mistake that led to your child's brachial plexus injury and may include medical documents, witness statements, and expert testimony. After your lawyer has collected the evidence, they will file the lawsuit against the defendants, who are typically the medical professionals who delivered your child. The defendants will then be given a specified amount of time to reply. During this discovery phase, each side will gather evidence to back up their claims.

Most lawsuits are settled out of court, rather than going to trial since it is more cost-effective for everyone involved. However, if your attorney believes that they can win in court, they could decide to pursue the case all the way to an appeals court verdict. A successful verdict can bring families a sense that justice has been done and increase awareness of how to avoid any future birth injuries. If the verdict you receive is not favorable, Erb's Palsy lawsuit you can appeal. This process may take longer, but it could increase the amount you are awarded.