Erb's Palsy Litigation

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

If you are successful in your lawsuit, erb's palsy lawsuit your family could be awarded compensation for the medical expenses of your child and future treatment. Find out more about the Erb's-Palsy lawsuit process.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on your child's specific case and the extent of their injuries, but it could easily reach the millions of dollars.

Many of Erb's palsy lawsuits have been resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically cut down on the legal process, and also prevent your family from having to appear before an attorney or a jury. If your family is unable to reach a settlement then you'll need to appear in the court. It can take a long time, however, it could result in a higher award.

The brachial nerves regulate the movement of the arm. Forceful pulling on the head, neck, shoulders or arms during labor and delivery -- such as when doctors employ forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past these lawsuits have helped families receive an affordable financial settlement that helped their child's future.

Mediation or Arbitration

If your child suffered an injury to the brachial nerve during the womb as a result of medical negligence, an erb's palsy lawyer Palsy settlement can help you pay for his or her care. This could include treatment, therapy, assistive devices, and operations.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's attorneys are likely to try to reach an agreement before the trial begins.

If you cannot reach an agreement, your case will be sent to arbitration. This means that a neutral third party will take in both sides and determine who will win the lawsuit. This kind of hearing could be more informal than a trial, but it is crucial to present witnesses and evidence for the proceedings.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can either have your witnesses attend the hearing or provide their statements through video conferencing. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas in advance. Additionally, you should keep your witnesses' addresses and contact numbers on file in case they are required to appear as witnesses in the future.

Complaints in the Court

Many children who suffer from Erb's palsy can overcome physical limitations through regular physical therapy. Some will require surgery to repair damaged or damaged nerve fibers. A large percentage of children are never able to recover and must continue to live suffering from the effects of this birth injury. Parents who believe their Erb's palsy in their child was the result of medical negligence during the birth process are entitled to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors who are experts in treating this condition. They will create the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer will also help you obtain copies of the medical records for your child and determine if the doctor who was involved in the birth of your child had an history of similar malpractice cases.

If your lawyer has a good understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal proceedings because it gives both sides the chance to develop their arguments. It can take up one year to settle a case.

Settlement

If your Erb's Palsy lawsuit is a success your lawyer might be able to get compensation to cover medical expenses for future treatment, future costs for treatment and adaptive devices in addition to physical therapy. You could receive damages due to emotional trauma or loss of quality of living.

Your lawyer will require evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records as well as testimony from witnesses as well as expert testimony. Once your lawyer has gathered the evidence, he will file a lawsuit against the defendants. These are usually the medical professionals who delivered your child. The defendants are then given a specific period of time to respond. During this discovery phase each side will collect evidence to support its claims.

Most lawsuits are settled outside of court, rather than going to trial due to the fact that it's more cost-effective for everyone involved. If your lawyer is confident that they will prevail in the case in court, they might decide to pursue it to an appeal to a jury verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice and can help increase awareness in order to prevent these types of injuries from occurring in the future. However, if the verdict is not favorable to you then you may appeal the decision. Although this process may take more time but it also increases the amount of compensation you receive.