Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can bring your family and you closure. However, the litigation process is a bit complicated and requires skilled legal representation.

A successful lawsuit can award your family members compensation for child's medical expenses and future treatment. Learn more about the erb's palsy lawyer syndrome lawsuit procedure.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to recover 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 specific case. It could easily reach millions of dollars.

Many Erb's Palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically reduce the legal process, and also prevent your family from having to appear before jurors or judges. If your family cannot agree on a settlement you will have to go to trial. This could take a long time, but it can also potentially result in a larger award.

The brachial plexus is a group of nerves that regulate movement within the arm. The forceful pulling of the neck, head, arms or shoulders during labor and birthlike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves, causing Erb's palsy. This type of injury is usually avoidable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also seek to increase awareness of this birth injury that could have been prevented. In the past these lawsuits allowed families to obtain a fair financial settlement and get their child's life back on track.

Arbitration or Mediation

If your child was injured while in the womb by medical negligence and suffered brachial palsy, an erb's palsy lawsuits settlement for palsy can help to pay for their medical treatment. This can include therapy, surgery as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a judge could reverse a verdict given by the jury. Your lawyer and hospital's lawyers will likely try to reach a settlement before the trial begins.

If you are not able to reach an agreement, the case will be sent to arbitration. This means that a neutral third party will be able to hear both sides and decide who will win the lawsuit. This type of hearing is more informal than a court trial however it is vital to provide witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to present at the hearing. Witnesses may be required to present at the hearing in person, or you can provide their statements via video conference. You must ensure that all witnesses are aware that they will be required to appear at the hearing by submitting subpoenas ahead of time. Also, keep your witnesses' phone numbers and addresses on file in case you have to contact them as a future witness.

Complaint to the Court

Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some children require surgery to repair the torn nerve fibers. However, a large percentage of children are not able to recover to any measurable degree and must live with the effects 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 negligence during the birth process are entitled to fair compensation.

To determine the worth of your case your lawyer will collaborate with specialists in treating these conditions to create a cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's settlement for palsy. Your lawyer can also help you obtain copies of your child's medical records and Erb's Palsy Lawsuits investigate whether the doctor who was involved in your child's birth had previous malpractice cases.

When 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 and medical records, and more. This is an essential part of your legal action since it allows both sides to construct their arguments. It can take as long as a year to arrive at a settlement.

Settlement

If your lawsuit against Erb's Palsy is a success the lawyer may be able to get compensation to pay for medical expenses including future treatment costs, adaptive devices, as well as physical therapy. You could be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial nerve in your child. This could include medical records as well as witness statements as well expert testimony. After your lawyer has gathered the evidence, they will make a claim against the defendants, who are usually the medical professionals who delivered your child. The defendants will be given a specific period of time to respond to the lawsuit, and during this process of discovery, both sides will gather additional evidence to prove their assertions.

Most lawsuits are settled out of court rather than going to trial because it is more cost-effective for everyone involved. If your lawyer is confident that they will win the case at trial it could be decided to take it to a jury verdict. A successful verdict can bring families a sense that justice has been done and increase awareness of how to avoid any future birth injuries. However, if your verdict is not in your favor then you may appeal the decision. Although this process may take more time however, it could also increase the amount of the compensation you receive.