Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family get closure. The process of suing can be complicated and requires an experienced lawyer.

If you are successful in your lawsuit, your family may be awarded compensation for the medical expenses of your child and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file erb's palsy lawsuit Palsy lawsuits to get compensation for medical expenses and other expenses. The amount of money that is 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 Erb's lawsuits involving palsy are settled out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can speed up the legal process significantly and keep your family from having a jury or judge decide on their case. If, however, your family members are unable to agree on the terms of settlement, you'll need to go to trial. This can take a long time, however, it could result in a bigger 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 could cause damage to these nerves, leading to Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise the word about this birth injury that could have been prevented. In the past, these lawsuits have helped families obtain an affordable financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured during the womb because of medical negligence and Erb's palsy suffered brachial palsy, an Erb's Settlement for palsy could help you pay for their care. This could include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits settle out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a judge could overturn a verdict awarded by the jury. Your lawyer and the hospital's lawyers are likely to attempt to reach an agreement before the trial begins.

If you're unable to come to a deal the case will be taken to arbitration. A neutral third party will listen to both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it is important to provide witnesses and evidence to the proceedings.

You will also need copies of all legal documents and witnesses to be present at the hearing. You can either witness your witnesses attend the hearing or give statements via videoconferencing. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas ahead of time. Additionally, you should keep your witnesses' addresses and phone numbers on file in the event that they are needed as a witness in the future.

A complaint to the court

Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some children require surgery to repair torn nerve fibers. However, a substantial proportion of children are not able to recover to any measurable degree and will have to live with the limitations of this birth injury for life. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors who specialize in treating this condition to produce the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and investigate whether the doctor responsible for your child's birth had prior erb's palsy experience with similar malpractice cases.

When your lawyer has a solid understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery phase that involves exchanging evidence such as expert opinions, depositions and medical documents and more. This is a vital part of your legal action because it gives both sides the chance to construct their arguments. It could take up to an entire year before you can settle a case.

Settlement

If your lawsuit against erb's palsy lawsuit Palsy is a success your lawyer could be able obtain compensation to pay for medical costs, future treatment costs and adaptive devices and physical therapy. You may be awarded damages resulting from 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, testimony from witnesses as well as expert testimony. Once your lawyer has gathered the evidence, they will make a claim against the defendants. They are typically the medical professionals who delivered your child. The defendants are given a set amount of time in which to respond to the lawsuit, and during this discovery phase both sides will collect additional evidence to prove their assertions.

Most lawsuits are settled out of court, rather than going to trial due to the fact that it's more cost-effective for all parties involved. If your lawyer believes that they can win in court, they might decide to pursue the case to a jury verdict. A successful verdict can bring families a sense that justice has been done and help educate people about how to prevent future birth injuries. If your verdict is not in your favor then you may appeal the decision. This could take a bit longer, but it could increase the amount you are awarded.