Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may help you and your family members find closure. The process of suing can be complex and requires an experienced lawyer.

If you are successful in your lawsuit, your family may be awarded compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's palsy litigation procedure.

The Legal Process

The most common reason families pursue an Erb's-related lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular case. It could easily be millions of dollars.

Many Erb's Palsy lawsuits settle without court. The lawyers for both the plaintiff and defendant work together to find an agreement that is acceptable to both parties. This could cut down the legal process by a significant amount and spare your family from having a jury or judge decide on their case. If your family members are unable to reach a settlement, you will need to appear in the court. This can take a long time, but it can also potentially result in a higher award.

The brachial nerves regulate the movement of the arm. The forceful pulling of the head, neck, shoulders or arms during labor and erb's palsy law firms birthlike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage the nerves and cause erb's palsy lawyer palsy. In many instances, the injury can be prevented. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness of this birth injury which could have been avoided. In the past these lawsuits helped families get an equitable financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child suffered an injury to the brachial nerve during pregnancy due to medical negligence, an erb's palsy Law Firms Palsy settlement could help you pay for their treatment. This could include treatment, therapy aids, assistive devices, as well as operations.

Many lawsuits settle out of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and the hospital's lawyers are likely to try to reach a settlement prior to when the trial starts.

If you cannot reach an agreement, the case will go to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. This hearing is more informal than a court case, however, it is crucial to present witnesses and other physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can either have your witnesses attend the hearing or submit their statements using video conferencing. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. You should also keep the names of witnesses' telephone numbers and erb's palsy law Firms addresses on file, in case you need to call them as an upcoming witness.

A complaint to the court

Many children who suffer from Erb's palsy can overcome physical limitations through intensive daily physical therapy. Some may require surgery to repair torn or separated nerve fibers. A large number of children are never able to recover and must continue to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb's paralysis was due to negligence by a medical professional during the birth process are entitled to seek fair compensation for their child's injuries.

Your lawyer will work with doctors who are experts in treating this condition to produce an annual cost of living estimate. This determines the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also assist to obtain copies of your child’s medical records, and also determine whether or not the doctor who treated your child's care had a experience of malpractice.

Once your lawyer has a good 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 records are also included. This is an important part of your legal case as it allows you to construct your arguments. 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 for medical expenses and future costs for treatment which include adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to collect evidence to prove the error that caused the brachial plexus injuries to your child and may include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they will make a claim against the defendants. These are usually the medical professionals that provided your child with. The defendants are then given a certain amount of time to reply. In this phase of discovery the parties will gather evidence to support their claims.

Most lawsuits are settled outside of court rather than go to trial because it's more cost-effective for the parties involved. If your attorney is convinced that they will prevail in the case in court, they might decide to take it to the jury. A successful verdict will provide families with a sense of justice and help spread awareness about ways to avoid future birth injuries. If your verdict isn't favorable you can appeal. This procedure could take longer, but it will increase the amount you get.