Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family find closure. The process of litigation is complicated and requires an experienced lawyer.

If you are successful in your lawsuit, your family can be awarded compensation for the medical bills of your child and future treatment. Find out more about the Erb's Palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain reimbursement for medical expenses and other losses. The amount of money that is awarded in a settlement will depend on the particular situation of your child as well as the severity of their injuries but can easily soar into the thousands of dollars.

Many cases involving Erb's palsy have been settled without court. Lawyers representing the plaintiff and Erb's palsy law firms defendant work together to reach an agreement that is acceptable to both parties. This can shorten the legal process considerably and save your family from having a judge or jury decide the case. If your family is unable reach a settlement and you are unable to reach a settlement, you must go to the court. This could take a long time, but it could also result in a higher award.

The brachial plexus is a group of nerves which control movement in the arm. Forcing 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 lawyer palsy. In many cases, this injury is preventable. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also seek to raise awareness about the birth injury which could have been avoided. In the past, these lawsuits have helped families get a fair financial settlement and help their child get back on path.

Mediation or Arbitration

If your child was injured in the womb due to medical negligence, and suffered from brachial paralysis, an Erb's settlement for palsy can help cover the cost of their treatment. This could include therapy, treatment devices, assistive devices, and procedures.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and the hospital's attorneys will likely attempt to reach an agreement before the trial gets underway.

If you're not able to reach a settlement, your case will proceed to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. The hearing may be more informal than a trial, but it is important to provide witnesses and evidence for the hearing.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can invite your witnesses to the hearing or submit their statements through video conferencing. You must ensure that all of witnesses are aware that they must attend the hearing by submitting subpoenas ahead of time. Keep your witnesses' numbers and addresses on file in case you need to contact them for an upcoming witness.

Complaints in Court

Many children suffering from Erb's Palsy are able to overcome physical limitations by intense daily physical therapy. Some children will need surgery to repair torn nerve fibers. A significant number of children will never recover and have to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb's paralysis was the result of negligence by a medical professional during the birth procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

To establish the value of your case the lawyer will work with specialists in treating these ailments to come up with a lifetime cost-of living estimate. This is used to determine how much you're entitled to from the settlement you received for your Erb's Palsy Law Firms syndrome. Your lawyer can also help to obtain copies of your child's medical records and determine whether the doctor who performed surgery on your child's diagnosis had a prior experience of malpractice.

Once your lawyer understands the injuries suffered by your child then she will start a lawsuit against defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal proceeding since it allows both sides to develop their arguments. Settlements can take up to one year.

Settlement

If your lawsuit against erb's palsy lawyers Palsy is successful the lawyer may be able to obtain compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has gathered the evidence, they will start a lawsuit against defendants. They are typically the medical professionals who delivered your child. The defendants are given a set period of time to respond to the suit, and during this discovery stage each side will gather additional evidence to back their claims.

Most lawsuits are settled outside of court instead of going to trial, since it's more cost-effective for the parties involved. If your lawyer is confident they can win in court, they might decide to pursue the case all the way to the verdict of a jury. A successful verdict can bring families a sense that justice has been done and help educate people about how to prevent future birth injuries. If the verdict you receive is not favorable you can appeal. This could take a bit longer, but can increase the amount you get.