Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family members find closure. However, the process of litigation is complex and requires skilled legal representation.

A successful lawsuit can award your family members compensation for your child's medical expenses and future treatment. Find out more about the Erb's palsy litigation procedure.

The Legal Process

Families file erb's palsy lawsuit Palsy lawsuits to obtain the cost of medical treatment and other losses. The amount of money offered in a settlement is dependent on the particular situation of your child as well as the severity of their injuries but can easily soar into the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can speed up the legal process significantly and spare your family from having a judge or jury decide on their case. If your family is not able to come to a deal and you are unable to reach a settlement, you must go to the court. This can take a lot of time, but could also result in a bigger settlement.

The brachial area is a group of nerves that regulate movement in the arm. During labor and birth excessive forceful pulling of the neck, head, or shoulders, or on the arms, can cause damage to these nerves, leading to Erb's palsy. This condition is usually avoidable. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness of the birth injury that could have been avoided. In the past the lawsuits have helped families get a fair financial settlement and get their child's life back on path.

Mediation or Arbitration

If your child was injured during the womb by medical negligence and suffered brachial paralysis, an Erb's Palsy settlement can help you pay for their care. This could include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits settle out of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will most likely attempt to reach an agreement prior to the trial beginning.

If you are unable reach a settlement, your case will proceed to arbitration. This means that a neutral third party will listen to both sides and determine who wins the lawsuit. This hearing is more informal than a court trial, but it is important to provide witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses present at the hearing in person, or they can give their testimony through video conference. Subpoenas should be sent in advance to all witnesses to ensure that they are aware the requirement to attend the hearing. Additionally, you should keep your witnesses' addresses and telephone numbers on file in case they are called as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's syndrome can overcome their physical limitations with daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. However, a substantial proportion of children will not recover to a significant degree and will be left with the handicapping effects of this birth injury for the rest of their lives. Parents who believe their child's Erb's syndrome was the result of negligence in the delivery process have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who are experts in treating this condition. They will create an estimated cost of living for life estimate. This determines the amount you're entitled to from your erb's palsy lawyer palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and investigate whether the doctor responsible for the birth of your child had a history of similar malpractice cases.

When your lawyer is aware of the child's injuries and the child's injuries, she will bring a lawsuit against the defendants. Both sides will go through the discovery process that involves exchanging evidence, including expert opinions, depositions and medical records, and more. This is a crucial part of your legal argument because it helps you build your arguments. Settlements can take as long as one year.

Settlement

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

Your lawyer will need to gather evidence to prove the malpractice that caused the brachial plexus injury to your child which could include medical records, witness statements, and expert testimony. After your lawyer has gathered the evidence, Erb's palsy they will make a claim against the defendants, which are usually the medical experts who delivered your child. The defendants will then be given a specific amount of time to respond to the suit, and during this discovery phase both sides will gather additional evidence to back their claims.

Most lawsuits are settled out of court rather than going to trial, as it's more cost-effective for all parties involved. If your lawyer is confident that they will prevail in the case in court it could be decided to pursue it to a jury verdict. A successful verdict can provide families with a sense of justice and increase awareness of how to avoid any future birth injuries. However, if your verdict is not in your favor then you may appeal the decision. This procedure could take longer, but it can increase the amount you are awarded.