Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family get closure. The process of litigation is complicated and requires an experienced lawyer.

If you win your lawsuit, your family will receive compensation for medical bills of your child and future treatment. Find out more about the Erb's Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical costs and Erb's Palsy other expenses. The amount of money offered in a settlement is contingent upon the specific situation of your child and the severity of their injuries, but it can easily go into the millions of dollars.

Many of the lawsuits involving Erb's Psy settle without court. The lawyers for both plaintiff and defendant will collaborate to reach a settlement that is acceptable to both parties. This can significantly speed up the legal process and avoid your family from having to appear before the jury or judge. However, if the family members cannot reach an agreement, you'll have to go to trial. This could take a long amount of time, but can also result in a bigger award.

The brachial plexus is a set of nerves that regulate movement within the arm. Forcing the head, neck, arms, or shoulders during labor and delivery -like when doctors employ forceps or vacuum extractors excessively -- can cause damage to the nerves and cause Erb's palsy. This injury is often prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to raise awareness of the birth injury that could have been prevented. In the past these lawsuits have helped families obtain a fair settlement in order to ensure their child's future.

Arbitration or Mediation

If your child was injured while in the womb by medical negligence, and suffered from brachial palsy, an Erb's Settlement for palsy could help you to pay for their medical treatment. This could include treatment, therapy devices, assistive devices, and procedures.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and prevents the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's attorneys are likely to try to reach a settlement prior to when the trial starts.

If you're unable to come to a deal the case will be taken to arbitration. A neutral third party will consider both sides and decide who wins the case. This type of hearing is more informal than a court trial however, it is crucial to have witnesses present and physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. Witnesses may be required to present at the hearing in person or they can give their testimony through video conference. You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas before the hearing. Additionally, you must have your witnesses' addresses and phone numbers in case in the event that they are needed as witnesses in the future.

Complaints in Court

Many children suffering from Erb's syndrome can overcome their physical limitations with daily physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. However, a significant number of children are not able to recover to any measurable degree and will have to live with the effects of this birth injury for life. Parents who believe that their child's Erb's syndrome was due to medical negligence during the birth process have the right claim fair compensation for their child's injuries.

Your lawyer will work with specialists in treating this condition to produce a lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to through your erb's palsy attorney palsy settlement. Your lawyer will also help you get copies of your child's medical records and investigate whether the doctor who was involved in your child's birth had a history of similar malpractice cases.

When your lawyer is aware of the child's injuries she will bring a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal proceeding since it allows both sides to build their arguments. Settlements can last for up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation to cover medical expenses and future costs for treatment which include adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to gather evidence to prove the mistake that led to the brachial plexus injuries to your child which could include medical records, witness statements and expert testimony. Once your attorney has gathered the evidence, they will file the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants are then given a set amount of time to reply. In this discovery phase each side will collect evidence to back up their claims.

Most lawsuits settle 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 can win the case in court and Erb's Palsy decides to try to get the jury. A successful verdict in a birth injury lawsuit can bring families a sense of justice and raise awareness in order to prevent these types of injuries from occurring in the future. However, if the verdict is not in your favor, you can appeal the decision. This could take a bit longer, but it can increase the amount you get.