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 complicated and requires a skilled lawyer.

If you win your lawsuit, your family could receive compensation for medical expenses of your child as well as future treatment. Find out more about the Erb's palsy lawsuit procedure.

The Legal Process

The most popular reason families start an Erb's Palsy lawsuit is to obtain 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 could easily reach millions of dollars.

Many of the Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can drastically cut down on the legal process, and also prevent your family from having to face an attorney or a jury. If your family is not able to agree on a settlement then you'll need to go to the court. This can take a lot of time, but can also result in a bigger award.

The brachial area is a group of nerves which control movement in the arm. A forceful pull on the neck, head, arms, or shoulders during labor and birthfor example, when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to Erb's palsy. In many instances, the injury can be prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also wish to spread awareness about this birth injury which could have been prevented. In the past these lawsuits have allowed families to obtain a fair financial settlement and help their child get back on course.

Arbitration or Mediation

If your child was injured while in the womb as a result of medical negligence and has suffered brachial paralysis, an erb's palsy lawyers settlement for palsy can help to pay for their medical treatment. This may include therapy, treatment, assistive devices, and surgeries.

Many lawsuits are settled outside of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital's lawyers will likely try to reach an agreement before the trial begins.

If you are unable to agree to a settlement your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This type of hearing is more informal than a court trial however it is vital to have witnesses present and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. Witnesses are able to attend the hearing in person or they can give their testimony via video conferencing. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Keep the numbers of your witnesses and addresses in the file in case you need to contact them for witnesses in the future.

Complaints in Court

Many children suffering from erb's palsy lawyer Palsy are able to overcome physical limitations by intensive daily physical therapy. Some children may require surgery to repair damaged nerve fibers. However, a large percentage of children will not recover to any measurable degree and will be left with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

Your lawyer will work with doctors who specialize in treating this condition to create a lifetime cost of living estimate. This determines the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor responsible for the birth of your child had previous malpractice cases.

If your lawyer has a solid understanding of your child's injuries then she will file your lawsuit against the defendants. Both parties will go through the discovery phase which includes exchanging evidence including expert opinions, depositions, medical records, and more. This is a crucial part of your legal action because it gives both sides the chance to present their case. Settlements can last up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer could be able to secure compensation to cover medical expenses and future treatment costs including adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove the negligence that caused your child's brachial plexus injury, lawyers which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered this evidence, they will file the lawsuit against the defendants, which are typically 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 support their claims.

Most lawsuits are settled outside of court rather than going to trial, because it's cost-effective for all parties involved. If your lawyer believes that they can win in court, they might decide to take the case to an appeals court verdict. A successful verdict in a birth injury lawsuit can give families a sense justice, and also help to raise awareness to prevent these types of injuries from happening in the future. If your verdict is not favorable you can appeal. This procedure could take longer, but it will increase the amount you are awarded.