Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could aid you and your family get closure. The process of suing can be complicated and requires a skilled lawyer.

A successful lawsuit may award your family compensation for child's medical bills and any future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular case. It could easily reach millions of dollars.

Many of the Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can speed up the legal process dramatically and prevent your family from having a judge or jury decide the case. If your family is unable come to a deal, you will need to go to court. This can take a considerable amount of time, however it can also result in a bigger amount.

The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling of the head, Erb's Palsy lawsuit neck or shoulders, or on arms, could damage these nerves, causing Erb's Palsy. This type of injury is usually prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to spread the word about this birth injury that could have been avoided. In the past these lawsuits have helped families obtain an affordable financial settlement and get their child's life back on track.

Mediation or Arbitration

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

Many lawsuits settle out of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a judge might overturn a decision made by jurors. Your lawyer and the hospital's attorneys will likely try to come to an agreement before the trial starts.

If you are not able to reach an agreement, your case will be referred to arbitration. A neutral third party will listen to both sides and determine who wins the case. This type of hearing can be more informal than a trial, but it's crucial to present witnesses and evidence in the hearing.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to attend the hearing in person or you can provide their statements via video conferencing. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas before the hearing. Additionally, you must keep your witnesses' addresses and contact numbers on file in case they're called as witnesses in the future.

Complaint to the Court

Many children who suffer from Erb's Palsy can overcome physical limitations with daily physical therapy. Some may require surgery to fix torn or damaged nerve fibers. However, a substantial proportion of children do not recover in any way and will be forced to live with the handicapping effects of this birth injury for the rest of their life. Parents who believe their child's Erb's syndrome was due to medical negligence during the birth process have the right claim fair compensation for the injuries suffered by their child.

Your lawyer will work with doctors that specialize in treating this condition to produce the lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer can also help you obtain copies of your child’s medical records and determine whether the doctor who delivered your child had a previous history of malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will be involved in the discovery phase which includes exchanging evidence, including expert opinions, depositions, additional medical records, and more. This is a crucial part of your legal defense because it allows you to construct your arguments. Settlements can take up to one year.

Settlement

If your erb's palsy lawyer Palsy lawsuit is a success, your lawyer might be able to secure compensation to cover medical expenses as well as future treatment costs. adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well as expert testimony. Once your attorney has gathered this evidence, they will bring the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are then given a set time frame to respond. In the discovery phase, each side will gather evidence to prove its case.

Most lawsuits are settled out of court rather than go to trial, since it's more cost-effective for the parties involved. However, if your attorney believes they will win at trial, they may decide to take the case to a verdict by a jury. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and raise awareness in order to prevent these types of injuries from occurring in the future. If the verdict isn't favorable you can appeal. This procedure could take longer, but can increase the amount you receive.