Erb's Palsy Litigation

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

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

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical expenses and other expenses. The amount of money that is awarded in a settlement is dependent on the particular case of your child and the extent of their injuries, but it can easily go into the millions of dollars.

Many of the Erb's Palsy lawsuits have been settled without court. The lawyers for both plaintiff and the defendant will work together to find a settlement that is acceptable to both parties. This could cut down the legal process significantly and save your family from having a judge or jury decide their case. If your family is not able to reach a settlement the family will have to go to the court. This can take a considerable amount of time, but could also result in a larger award.

The brachial nerves regulate the movement of the arm. During labor and birth, excessive forceful pulling of the neck, head, or shoulders, or on the arms, can cause nerve damage, resulting in Erb's palsy. In many cases, this injury can be prevented. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to create awareness about this birth injury that could have been prevented. In the past these lawsuits helped families get an equitable financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured in the womb as a result of medical negligence, and suffered from brachial paralysis, an Erb's Palsy settlement can help you pay for their care. This could include treatment, therapy devices, assistive devices, and procedures.

Many lawsuits settle outside of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers are likely to attempt to negotiate a settlement prior to when the trial gets underway.

If you're unable to settle your dispute your case will be sent to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. The hearing may be more informal than a trial, but it is crucial to present physical evidence and witnesses for the hearing.

You will also require copies of all legal documents and witnesses to be present at the hearing. You may either invite your witnesses to the hearing or provide their testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure they are aware of the requirement to attend the hearing. Also, keep the names of witnesses' telephone numbers and addresses in the file in case you need to contact them as witnesses in the future.

Complaints in the Court

Many children who suffer from erb's palsy lawyers syndrome can overcome physical limitations through intensive daily physical therapy. Some children may require surgery to repair the torn nerve fibers. Many children do not recover and are forced to live their lives with the effects of this birth injury. Parents who believe their child's Erb's syndrome was the result of negligence in the delivery process are entitled to seek an appropriate amount of compensation for erb's Palsy lawsuit their child's injuries.

Your lawyer will work with specialists in treating this condition to create a lifetime cost of living estimate. This will help determine the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer can also help to obtain copies of your child’s medical records, and look into whether the doctor who gave you your child's treatment had a previous experience of malpractice.

Once your lawyer has a solid understanding of your child's injuries and Erb's Palsy Lawsuit the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal case because it allows you to develop your case. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation that covers medical expenses and future treatment costs, including adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove the malpractice that caused your child's brachial plexus injury, which could include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, he or she will bring a lawsuit against the defendants. They are typically the medical professionals who have delivered your child. The defendants are then given a certain amount of time to respond. In this phase of discovery the parties will gather evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial due to the fact that it is more cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case in court and decides to take it to an appeal to a jury verdict. A successful verdict will provide families with a sense of justice and raise awareness about ways to avoid future birth injuries. If the verdict you receive is not favorable you can appeal. This procedure could take longer, but can increase the amount you receive.