Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family find closure. The process of litigation can be complex and requires an experienced lawyer.

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

The Legal Process

Families file lawsuits against Erb's palsy to seek reimbursement for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the particular case. It could easily reach millions of dollars.

Many of Erb's palsy lawsuits have been settled outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can significantly shorten the legal process and prevent your family from facing jurors or judges. However, if the family cannot agree on a settlement you will have to go to trial. This can take a long time, but it can also potentially result in a higher amount.

The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling of the neck, head or shoulders, or on arms, Erb's Palsy lawsuits could result in damage to these nerves and cause Erb's Palsy. This injury is often avoidable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about the birth injury which could have been prevented. In the past these lawsuits allowed families to obtain a fair financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child was injured while in the womb by medical negligence and suffered brachial palsy, an Erb's settlement for palsy can help pay for their treatment. This could include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a judge might overturn a decision made by the jury. Your lawyer and the hospital's attorneys will likely seek to negotiate a settlement prior to the trial beginning.

If you're unable to come to a deal the case will be taken to arbitration. This means that a neutral third party will hear both sides and decide who will win the lawsuit. This hearing is more informal than a court case, but it is essential to provide witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can choose to have your witnesses attend the hearing or submit their statements via videoconferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas ahead of time. Also, keep the numbers of your witnesses and addresses on file in case you have to contact them for a future witness.

Complaint in Court

Many children suffering from Erb's Palsy can overcome physical limitations through intensive daily physical therapy. Some children will require surgery to repair the torn nerve fibers. A large percentage of children are never able to recover and must continue to live suffering the effects of this birth injury. Parents who believe their child's erb's palsy lawyer palsy was the result of negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with specialists in treating this condition to produce an estimated cost of living for life estimate. This determines the amount you're entitled to from the settlement you received for your erb's palsy law firm syndrome. Your lawyer can also assist you obtain copies of your child's medical records, and also determine whether the doctor who gave you your child had a previous record of malpractice cases.

If your lawyer has a solid knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of your legal proceeding because it allows both sides to construct their arguments. Settlements can last for up to one year.

Settlement

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

Your lawyer must gather evidence to prove mistake that led to the brachial plexus injury to your child that could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against 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 lawsuit. during this discovery stage, both sides will gather additional evidence to back their assertions.

Most lawsuits settle out of court, rather than go to trial, since it's cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case at trial, they might decide to try to get the jury. A successful verdict could give families a sense of justice and increase awareness of how to prevent future birth injuries. If your verdict is not favorable to you then you may appeal the decision. This could take a bit longer, but it can increase the amount you get.