Erb's Palsy Litigation

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

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

The Legal Process

The most frequent reason families start an Erb's Palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular situation. It can easily reach millions of dollars.

Many of the lawsuits involving Erb's Psy settle out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly shorten the legal process and erb's palsy lawsuit avoid your family from having to appear before jurors or judges. If your family is unable reach an agreement on a settlement the family will have to appear in court. It can take a long time however, it could result in a larger award.

The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling on the neck, head, shoulders or on the arms could damage these nerves, causing erb's palsy attorney Palsy. This injury is often preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past these lawsuits helped families secure an affordable settlement in order to ensure their child's future.

Mediation or Arbitration

If your child was injured while in the womb because of medical negligence and has suffered brachial palsy, anErb's Palsy settlement could help you pay for their treatment. This can include surgery, therapy aidive devices, and treatment.

Many lawsuits settle outside of court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and hospital attorneys will most likely attempt to reach an agreement before the trial gets underway.

If you are not able to reach an agreement, your case will be taken to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This type of hearing can be more informal than a trial, however it's important to present witnesses and evidence for the hearing.

You should also 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 present their testimony via video conference. Subpoenas must be issued in advance to all witnesses in order they are aware the requirement to be present at the hearing. Additionally, Erb's palsy lawsuit you must have your witnesses' addresses and contact numbers on file in case they are required to appear as a witness in the future.

Complaint in the Court

Many children suffering from the condition Erb's-Palsy can overcome physical limitations with intensive daily physical therapy. Some children will need surgery to repair damaged nerve fibers. A large number of children are never able to recover and must continue to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair amount of compensation.

Your lawyer will work with doctors that specialize in treating this condition to create an annual cost of living estimate. This will help determine the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor involved in your child's birth had prior experience with similar malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will undergo the discovery phase that involves exchanging evidence such as expert opinions, depositions, additional medical records, and more. This is a crucial part of your legal case because it allows you to develop your arguments. It can take as long as one year to arrive at a settlement.

Settlement

If your Erb's palsy suit is successful, your lawyer could be able to get compensation to cover medical costs and future treatment costs including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to gather evidence to prove the malpractice that caused your child's brachial-plexus injury, which could include medical documents, witness statements and expert testimony. After your lawyer has collected the evidence, they'll make a claim against the defendants, which are typically the medical professionals who gave your child. The defendants are then given a specific period of time to respond. In the discovery phase the parties will gather evidence to support its claims.

Most lawsuits settle out of court instead of going to trial, because it's cheaper for all parties involved. If your lawyer believes they will win in court, they could choose to take the case to the verdict of a jury. A successful verdict in a birth injury lawsuit could give families a sense of justice and raise awareness in order to prevent these types of injuries from occurring in the future. If, however, your verdict is not favorable to you then you may appeal the decision. The process could take longer, but it could increase the amount you receive.