Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may help you and your family members find closure. The process of litigation can be complex and requires an experienced lawyer.

A successful lawsuit could grant your family members compensation for your child's medical bills and future treatment. Find out more about the Erb's Palsy lawsuit procedure.

The Legal Process

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

Many of the erb's palsy law firm palsy lawsuits are settled outside of court. The lawyers representing both the plaintiff and luling erb's Palsy lawsuit the defendant will work together to find an acceptable settlement to both parties. This could cut down the legal process considerably and keep your family from having a jury or judge decide their case. If your family is unable to reach an agreement, you'll have to go to trial. This can take a long time but it can also potentially result in a bigger award.

The brachial plexus is a set of nerves that control movement in the arm. Forcing the head, neck, shoulders or arms during labor and birthfor example, when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves and cause Erb's palsy. This type of injury is usually avoidable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness of this birth injury which could have been prevented. In the past these lawsuits have helped families get an equitable financial settlement and help their child get back on the right track.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence and has suffered brachial paralysis, an Erb's Palsy settlement can help you pay for their treatment. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a court could overturn a verdict awarded by a jury. Your lawyer and hospital's lawyers will probably attempt to reach an agreement before the trial begins.

If you're not able to agree to a settlement your case will be sent to arbitration. This means that a neutral third party will take in both sides and determine who wins the case. This type of hearing is more informal than a court case, however it is vital to have witnesses present and physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses attend the hearing in person, or you can provide their statements through video conferencing. You must ensure that all witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. In addition, you must have the addresses of your witnesses and contact numbers on file in the event that they are needed as a witness in the future.

Complaint to the Court

Many children who suffer from Erb's palsy can overcome their physical limitations with regular physical therapy. Some will require surgery to repair torn or damaged nerve fibers. However, a large percentage of children will not recover to any measurable degree and will have to live with the handicapping effects of this birth injury for the rest of their life. Parents who believe their Bethlehem Erb's Palsy Lawyer palsy in their child was the result of negligence in the delivery process have the right seek fair compensation for the injuries suffered by their child.

Your lawyer will work with specialists in treating this condition to produce an estimated cost of living for life estimate. This will help you determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer will also help you obtain copies of your child's medical records and determine if the doctor who performed your child's birth had prior experience with similar malpractice cases.

Once your lawyer understands the injuries suffered by your child she will make a claim against the defendants. Both parties will go through the discovery phase that involves exchanging evidence such as expert opinions, depositions, medical documents, and so on. This is a crucial part of your legal case as it allows you to construct your case. Settlements can last up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer might be able to obtain compensation that covers medical expenses 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 need evidence to show that malpractice caused the injury to the brachial area in your child. This may include medical records and witness statements as well as expert testimony. Once your lawyer has collected the evidence, they will bring a lawsuit against the defendants. They are typically the medical professionals who delivered your child. The defendants will then be given a specified period of time to respond. In the discovery phase each side will collect evidence to back up their claims.

Most lawsuits are settled out of court rather than going to trial, since it's more cost-effective for all parties involved. If your attorney is confident that they can win the case in court, they might decide to pursue it to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice and can help increase awareness in order to prevent these types of injuries from happening in the future. If the verdict isn't favorable, you can appeal. While this process could take more time however, it could also increase the amount of the compensation you receive.