Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial injury can bring you and your family closure. The process of litigation is complicated and requires an experienced lawyer.

A successful lawsuit may award your family compensation for your child's medical bills and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most frequent reason for families to pursue an erb's palsy attorney-related lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific situation. It could easily be millions of dollars.

Many cases involving Erb's palsy are settled without court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can significantly speed up the legal process, and also prevent your family from facing a judge or jury. If your family is unable to reach a settlement and you are unable to reach a settlement, you must go to court. This can also take a long time, but it can also potentially result in a higher award.

The brachial nerves regulate the movement of the arm. During labor and birth, excessive forceful pulling of the neck, head or shoulders or on the arms, can damage these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also wish to spread the word about this birth injury which could have been avoided. In the past, Erb's palsy 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 in the womb because of medical negligence and has suffered brachial palsy, anErb's settlement for palsy can help pay for their treatment. This could include surgery, therapy aidive devices, Erb's Palsy and treatment.

Many lawsuits settle out of court. This allows plaintiffs to get compensation faster and eliminates the possibility that a court might overturn a decision made by the jury. Your lawyer and hospital's attorneys will likely seek a settlement prior to when the trial starts.

If you are unable agree to a settlement your case will be sent to arbitration. A neutral third party will hear both sides and decide who wins the case. This kind of hearing could be more informal than a trial, however it's crucial to present physical evidence and witnesses for the proceedings.

You will also need copies of all legal documents and witnesses to be present at the hearing. You can have witnesses present at the hearing in person, or you can provide their statements through video conferencing. Subpoenas must be issued in advance to all witnesses to ensure that they are aware of the requirement to attend the hearing. Additionally, you must have the addresses of your witnesses and phone numbers on file in case they're called as a witness in the future.

Complaints in Court

Many children who suffer from the condition Erb's-Palsy can overcome their physical limitations by regular physical therapy. Some will require surgery to repair sprained or separated nerve fibers. A large percentage of children will never recover and have to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors who specialize in treating this condition to create an annual cost of living estimate. This will help you determine the amount of compensation you're entitled to under your boston erb's palsy law firm palsy settlement. 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.

If your lawyer has a thorough understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal defense because it helps you build your case. It could take up to a year to arrive at a settlement.

Settlement

If your lawsuit against Erb's Palsy is a success, your lawyer might be able to get compensation to pay for medical expenses including future treatment costs, adaptive devices, as well as physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer must gather evidence to prove the mistake that led to the brachial plexus injury to your child, which could include medical documents, witness statements, and expert testimony. After your lawyer has collected this evidence, they'll make a claim against the defendants, which are typically the medical professionals 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 each side will gather additional evidence to support their assertions.

Most lawsuits are settled outside of court instead of going to trial as it is cheaper for everyone involved. If your attorney is confident that they will prevail in the case in court they may decide to try to get a jury verdict. A successful verdict will bring families a sense that justice has been done and help spread awareness about how to prevent future birth injuries. If the verdict isn't favorable you may appeal. While this procedure can take more time but it also can increase the amount of compensation you receive.