Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family find closure. However, the litigation process is complicated and requires experienced legal representation.

If you win your lawsuit, your family can receive compensation for the medical bills of your child as well as future treatment. Read on to learn more about the Erb's syndrome lawsuit process.

The Legal Process

The most popular reason families pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific situation. It could easily reach millions of dollars.

Many of the Erb's palsy lawsuits are settled outside of court. The lawyers representing both the plaintiff and defendant will work together to find an agreement that is acceptable to both parties. This could cut down the legal process significantly and save your family from having a jury or judge decide the case. If your family is unable agree on a settlement and you are unable to reach a settlement, Erb's palsy lawsuits you must appear in court. This can take a significant amount of time, but can also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. Forcing the head, neck, shoulders or arms during labor and birth- such as when doctors use forceps or vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. The injury is often preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also seek to increase awareness about this birth injury which could have been prevented. In the past these lawsuits have helped families secure a fair financial settlement and help their child get back on path.

Arbitration or Mediation

If your child was injured during the womb because of medical negligence and was later diagnosed with brachial paralysis, an Erb's Settlement for palsy could help you pay for their care. This can include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will likely try to reach an agreement prior to the trial starts.

If you are unable to reach an agreement, the case will be sent to arbitration. This means that an impartial third party will hear both sides and determine who will win the lawsuit. This hearing is more informal than a court trial, however it is vital to provide witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can either invite your witnesses to the hearing or provide their statements through video conferencing. You must ensure that all of witnesses are aware that they will be required to appear at the hearing by submitting subpoenas ahead of time. Additionally, you should have your witnesses' addresses and phone numbers on file in the event that they are needed as a witness in the future.

Complaint in Court

Many children suffering from Erb's Palsy can overcome their physical limitations by intensive daily physical therapy. Some may require surgery to repair sprained or separated nerve fibers. A large percentage of children will never recover and have to live their lives suffering the effects of this birth injury. Parents who believe that their Erb's palsy in their child was due to negligence in the delivery process have the right to seek fair 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 will allow you to determine the amount of compensation you're entitled to under your erb's palsy law firms palsy settlement. Your lawyer can also help you get copies of your child's medical records, and investigate whether or not the doctor who treated your child's diagnosis had a prior history of malpractice cases.

Once your lawyer understands the injuries suffered by your child then she will make a claim against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal argument because it allows you to develop your case. It could take up to a year to arrive at a settlement.

Settlement

If your erb's palsy law firm palsy lawsuit is successful your lawyer might be able to get compensation to cover medical expenses, future treatment costs and adaptive devices in addition to physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove the malpractice that caused the brachial plexus injury to your child which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will file the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will then be given a specified period of time to respond. In this phase of discovery, each side will gather evidence to support its claims.

Most lawsuits settle out of court rather than going to trial, as it's cost-effective for all parties involved. If your attorney is confident that they can win the case in court, they might decide to try to get a jury verdict. A successful verdict can provide families with a sense of justice and raise awareness about how to prevent future birth injuries. If the verdict you receive is not favorable you may appeal. This process may take longer, but it can increase the amount you receive.