Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family to find closure. However, the process of litigation is complex and requires skilled legal representation.

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

The Legal Process

Families file erb's palsy law firm-Palsy lawsuits to obtain compensation for medical costs and other losses. The amount of money that is awarded in a settlement depends on the particular situation of your child as well as the extent of their injuries, but it can easily go into the millions of dollars.

Many of Erb's palsy lawsuits have been settled outside of court. The lawyers for both the plaintiff and the defendant will work together to find an agreement that is acceptable to both parties. This could speed up the legal process by a significant amount and spare your family from having a jury or judge decide their case. If your family is not able to come to a deal and you are unable to reach a settlement, you must appear in court. This could take a long amount of time, but can also result in a larger amount.

The brachial complex is a collection of nerves that control movement within the arm. When you are pregnant, excessive forceful pulling of the neck, head or shoulders, or on the arms could cause nerve damage, resulting in Erb's Palsy. In many instances, the injury can be prevented. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also seek to increase awareness of this birth injury that could have been avoided. In the past, these lawsuits have helped families obtain an equitable financial settlement and help their child get back on course.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus in the womb due to medical negligence, an Erb's palsy settlement could help you pay for his or her care. This may include therapy, treatment as well as assistive devices and procedures.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's attorneys will likely attempt to negotiate an agreement prior to the trial gets underway.

If you're unable to reach a settlement, your case will proceed to arbitration. This means that an impartial third party will listen to both sides and decide who will win the lawsuit. This hearing is more informal than a court trial however it is vital to present witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to attend the hearing in person or you can provide their statements through video conferencing. Subpoenas should be sent in advance to all witnesses in order they are aware of the requirement that they attend the hearing. Additionally, you should have their addresses and contact numbers on file in case they are required to appear to testify in the future.

Complaint to the Court

Many children with Erb's Palsy can overcome physical limitations through intense daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. However, a significant number of children don't recover to any measurable degree and will have to live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe their child's Erb's palsy was the result of negligence by a medical professional during the birth process are entitled to claim an appropriate amount of compensation for Erb's palsy lawsuit the injuries suffered by their child.

To determine the worth of your case your lawyer will collaborate with doctors who specialize in treating these conditions to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and investigate whether or not the doctor who treated your child's care had a medical malpractice case.

If your lawyer has a thorough understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal proceeding because it gives both sides the chance to present their case. Settlements can take up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer could be able to obtain compensation to cover medical expenses and future treatment costs which include adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial nerve in your child. This may include medical records and witness statements as well expert testimony. After your lawyer has gathered the evidence, he will file a lawsuit against the defendants. These are usually the medical professionals who delivered your child. The defendants are then given a set time frame to respond. In this phase of discovery each side will collect evidence to support its claims.

Most lawsuits are settled outside of court rather than going to trial as it's more cost-effective for all parties involved. If however, your attorney is confident they can win at trial, they may decide to pursue the case to an appeals court verdict. A successful verdict could give families a sense of justice and increase awareness of ways to avoid future birth injuries. If your verdict is not favorable you can appeal. This could take a bit longer, but it will increase the amount you get.