Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial-plexus injury can help bring you and your family closure. The process of litigation can be complicated and requires an experienced lawyer.

A successful lawsuit can award your family compensation for your 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 to recover the cost of medical treatment and other expenses. The amount of money offered in a settlement will depend on the particular situation of your child as well as the extent 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 acceptable to both parties. This can drastically reduce the legal process, and also prevent your family from facing the jury or judge. If your family is unable to reach a settlement you will have to go to trial. This can take a considerable amount of time, but can also result in a larger amount.

The brachial nerves regulate the movement of the arm. During labor and Erb's palsy law Firms birth excessive forceful pulling on the neck, head or shoulders or on the arms could cause damage to these nerves, leading to Erb's Palsy. This injury is often avoidable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also wish to spread awareness about the birth injury that could have been avoided. In the past these lawsuits allowed families to obtain a fair financial settlement and help their child get back on course.

Mediation or Arbitration

If your child was injured while in the womb due to medical negligence and was later diagnosed with brachial paralysis, an Erb's Palsy settlement can help you pay for their treatment. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs to get 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 attempt to reach an agreement before the trial begins.

If you are unable to settle your dispute your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. The hearing may be more informal than a trial, however it is crucial to present witnesses and evidence for the proceedings.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses attend the hearing in person or you can provide their statements through video conference. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas in advance. In addition, you must have their addresses and phone numbers in case in case they're called to testify in the future.

A complaint to the court

Many children suffering from Erb's syndrome can overcome physical limitations with regular physical therapy. Some children require surgery to repair damaged nerve fibers. However, a significant proportion of children will not recover to any measurable degree and will be forced to live with the handicapping effects of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors who specialize in treating this condition to develop an estimated cost of living for life estimate. This will help you determine the amount of compensation you're entitled to under your Erb's palsy Law firms palsy settlement. Your lawyer can also assist you get copies of the medical records for your child and determine if the doctor involved in your child's birth had an history of similar malpractice cases.

If your lawyer has a clear understanding of the injuries suffered by your child then she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal defense because it helps you build your arguments. Settlements can last up to one year.

Settlement

If your erb's palsy attorneys palsy lawsuit is a success your lawyer could be able to secure compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records, testimony from witnesses as well as expert testimony. Once your lawyer has gathered this evidence, they'll make a claim against the defendants, who are typically the medical professionals who delivered your child. The defendants are then given a certain amount of time to reply. In this discovery phase, each side will gather evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial since it is more cost-effective for all parties involved. If your attorney is convinced that they will win the case at trial, they might decide to take it to the jury. A successful verdict could give families a sense of justice and raise awareness about how to avoid any future birth injuries. If your verdict is not favorable, Erb's palsy law firms you can appeal. This procedure could take longer, but it could increase the amount you are awarded.