Erb's Palsy Litigation

In the aftermath of your child's brachial plexus injury can help bring your family and you closure. However, the process of litigation is complex and requires expert legal representation.

If you win your lawsuit, your family could receive compensation for the medical expenses of your child and future treatment. Learn more about the Erb's syndrome lawsuit process.

The Legal Process

The most frequent reason families pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement will depend on the particular case of your child and the extent of their injuries, but can easily soar into the thousands of dollars.

Many of the Erb's Palsy lawsuits are settled without court. The lawyers for both the plaintiff and the defendant will come together to negotiate an agreement that is acceptable to both parties. This can shorten the legal process considerably and prevent your family from having a jury or judge decide their case. If, however, your family is unable to reach the terms of settlement, you'll need to go to trial. This can also take a long time, but it could also result in a bigger award.

The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling of the neck, head, or shoulders or on the arms can cause nerve damage, resulting in Erb's Palsy. This type of injury is usually avoidable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness about this birth injury that could have been avoided. In the past these lawsuits have helped families obtain a fair financial settlement to support their child's future.

Mediation or Arbitration

If your child was injured in the womb by medical negligence, and suffered from brachial paralysis, an erb's palsy law firm settlement for palsy can help cover the cost of their treatment. This may include therapy, treatment aids, assistive devices, as well as procedures.

Many lawsuits settle without 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 the hospital's attorneys will likely attempt to reach an agreement before the trial starts.

If you fail to reach an agreement, your case will go to arbitration. A neutral third party will listen to both sides and decide who will win the case. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence in the proceedings.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can witness your witnesses attend the hearing or provide their statements using video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure they are aware of the requirement to attend the hearing. Additionally, you should have the addresses of your witnesses and Erb's palsy Lawsuits telephone numbers on file in case they're called as a witness in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some children may require surgery to repair the torn nerve fibers. However, a substantial proportion of children don't recover in any way and will be forced to live with the limitations of this birth injury for the rest of their lives. Parents who believe that their Erb's palsy in their child was due to medical negligence during the delivery process have the right to claim an appropriate amount of compensation for their child's injuries.

To determine the worth of your case, your lawyer will work with specialists in treating these ailments to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor responsible for the birth of your child had previous malpractice cases.

When your lawyer has a good understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery process which involves exchanging evidence such as expert opinions, depositions, medical documents and more. This is a crucial part of your legal action because it allows both sides to construct their arguments. Settlements can take as long as one year.

Settlement

If your Erb's Palsy lawsuit is a success, your lawyer might be able to get compensation to pay for medical expenses, future treatment costs and adaptive devices, as well as physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need to gather evidence to prove negligence that caused the brachial plexus injuries to your child, which could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will start a lawsuit against defendants. They are typically the medical professionals that provided your child with. The defendants will be given a certain amount of time to reply to the lawsuit, and during this discovery stage each side will gather more evidence to support their assertions.

Most lawsuits are settled outside of court rather than going to trial due to the fact that it's more cost-effective for all parties involved. If however, your attorney believes they will win in court, they could decide to pursue the case to an appeals court verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and raise awareness to prevent these kinds of injuries from happening in the future. If your verdict isn't favorable you can appeal. This could take a bit longer, but it will increase the amount you are awarded.