Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may help you and your family find closure. The process of litigation can be complicated and requires a skilled lawyer.

A successful lawsuit can award your family compensation for your child's medical bills and any future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to get reimbursement for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon the particular case of your child and the extent of their injuries, but it could easily reach the thousands of dollars.

Many Erb's Palsy lawsuits settle out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically cut down on the legal process and prevent your family from having to face the jury or judge. If your family members cannot reach the terms of settlement, Erb's Palsy lawsuits you'll need to go to trial. This can take a lot of time, but can also result in a larger settlement.

The brachial nerves regulate the movement of the arm. The forceful pulling of the head, neck, shoulders or arms during labor and delivery -- such as when doctors make use of forceps or vacuum extractors excessively -- can harm the nerves and cause Erb's palsy. This injury is often preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also wish to raise awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families obtain a fair settlement in order to ensure their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial nerve in the womb due to medical negligence, erb's palsy lawsuits an Erb's palsy settlement could help you pay for his or her care. This could include therapy, treatment as well as assistive devices and surgeries.

Many lawsuits are settled outside of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's lawyers are likely to attempt to reach an agreement before the trial starts.

If you are unable to reach a settlement the case will go to arbitration. This means that a neutral third party will listen to both sides and determine who will win the lawsuit. This type of hearing is more informal than a court trial however, it is crucial to provide witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to present at the hearing. You can witness your witnesses attend the hearing or provide their statements using video conferencing. You must ensure that all your witnesses are aware that they must attend the hearing by submitting subpoenas ahead of time. You should also keep your witnesses' phone numbers and addresses in the file in case you have to contact them for a future witness.

Complaints in Court

Many children with Erb's -Pallsy can overcome physical limitations with intense daily physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. However, a significant number of children are not able to recover in any way and will have to live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their erb's palsy lawyers palsy in their child was the result of medical negligence during the delivery process have the right to claim an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors who specialize in treating this condition. They will create the lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer will also help you obtain copies of your child's medical records and investigate whether the doctor who performed the birth of your child had a history of similar malpractice cases.

When your lawyer has a clear understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will undergo the discovery phase which includes exchanging evidence including expert opinions, depositions, additional medical documents, and so on. This is an essential part of your legal defense because it allows you to develop your case. Settlements can last up to one year.

Settlement

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

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial plexus in your child. This could include medical records and testimony from witnesses as well as expert testimony. After your lawyer has gathered the evidence, he will make a claim against the defendants. They are typically the medical professionals that provided your child with. The defendants will then be given a specified amount of time to respond to the suit, and during this process of discovery each side will gather additional evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial due to the fact that it is more cost-effective for all parties involved. If your lawyer is confident that they will prevail in court, they could choose to take the case all the way to a jury verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and can help increase awareness to prevent these types of injuries from happening in the future. However, if your verdict is not in your favor You can appeal the decision. The process could take longer, but can raise the amount you receive.