erb's palsy attorney Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family members find closure. However, the litigation process is a bit complicated and requires skilled legal representation.

If you prevail in your lawsuit, your family will receive compensation for medical expenses of your child and future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

The most popular reason for families to pursue an Erb's-related lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement will depend on the particular situation of your child as well as the severity of their injuries, but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant collaborate to negotiate an acceptable settlement to both parties. This could cut down the legal process significantly and prevent your family from having a judge or jury decide on their case. If your family is not able to come to a deal then you'll need to appear in the court. It can take a long time however, it could result in a larger award.

The brachial complex is a collection of nerves which control movement in the arm. The forceful pulling of the head, neck, shoulders or arms during labor and delivery -for example, when doctors employ forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. The injury is often prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to create awareness of the birth injury that could have been prevented. In the past these lawsuits have helped families receive a fair financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured by an injury to the brachial nerve during birth due to medical negligence, an Erb's settlement can help to pay for the care. This could include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court could invalidate a verdict handed down by a jury. Your lawyer and the hospital attorneys will most likely attempt to reach an agreement prior to the trial beginning.

If you are unable settle your dispute the case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This type of hearing is more informal than a court trial, however it is vital to have witnesses present and physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. You can choose to invite your witnesses to the hearing or provide their statements through video conferencing. 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 must have the addresses of your witnesses and phone numbers in case in case they're called as a witness in the future.

Complaint in the Court

Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some children may require surgery to repair damaged nerve fibers. A significant number of children are never able to recover and must continue to live their lives with the consequences of this birth injury. Parents who believe their child's Erb's paralysis was due to medical negligence during the birth process have the right claim an appropriate amount of compensation for the injuries suffered by their child.

To determine the worth of your case your lawyer will collaborate with doctors who specialize in treating these conditions to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist to obtain copies of your child’s medical records, and look into whether the doctor who performed surgery on your child's care had a record of malpractice cases.

If your lawyer has a clear understanding of the child's injuries she will bring a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal argument because it allows you to build your case. It can take up a year to reach a settlement.

Settlement

If your Erb's Palsy lawsuit is successful the lawyer may be able to obtain compensation to cover medical expenses, Erb's palsy lawsuits future treatment costs and adaptive devices in addition to physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer must gather evidence to prove the error that caused the brachial plexus injury to your child, which could include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, he will start a lawsuit against defendants. These are usually the medical professionals that provided your child with. The defendants are then given a certain period of time to respond. During this discovery phase each side will collect evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial, because it's more cost-effective for all parties involved. If your lawyer is confident that they will prevail in the case at trial it could be decided to take it to the jury. A successful verdict could give families 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. While this procedure can take more time but it also can increase the amount of compensation you receive.