Erb's Palsy Litigation

In the aftermath of your child's brachial injury can bring your family and you closure. The process of suing can be complicated and requires an experienced lawyer.

If you win your lawsuit, your family may be awarded compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on the specific situation of your child and the severity of their injuries, but can easily soar into the millions of dollars.

Many of the Erb's Palsy lawsuits have been settled without court. The lawyers of both the plaintiff and defendant will work together to find an agreement that is acceptable to both parties. This can drastically cut down on the legal process and prevent your family from having to face jurors or judges. However, if your family cannot agree on the terms of settlement, you'll need to go to trial. It can take a long time, but it could also result in a higher amount.

The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head shoulders or arms during labor and delivery -like when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves, causing Erb's palsy. The injury is often preventable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to spread awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families receive an appropriate financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured during the womb because of medical negligence and has suffered brachial palsy, an erb's palsy law firms Settlement for palsy could help you pay for their care. This can include surgeries, therapy, assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court could overturn a verdict awarded by a jury. Your lawyer and the hospital's attorneys will likely attempt to reach an agreement before the trial starts.

If you're unable to come to a deal the case will be taken to arbitration. A neutral third party will consider both sides and decide who wins the case. This kind of hearing could be more informal than a trial, however it is crucial to present witnesses and evidence for the proceedings.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to invite your witnesses to attend the hearing or present 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 in advance. Keep your witnesses' phone numbers and addresses on file in case you have to contact them for an upcoming witness.

Complaints in the Court

Many children with Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some children may require surgery to repair damaged nerve fibers. A large number of children do not recover and are forced to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to fair compensation.

To determine the value of your case Your lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This determines the amount you are entitled to receive from the settlement you received for your erb's palsy attorneys syndrome. Your lawyer can also help to obtain copies of your child's medical records and determine whether the doctor who treated your child's diagnosis had a prior experience of malpractice.

Once your lawyer has a clear understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery phase, which includes exchanging evidence including expert opinions, depositions and medical records and more. This is an essential part of the legal process as it allows both sides to present their case. Settlements can take up to one year.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer could be able get compensation for medical expenses and future costs for treatment which include adaptive devices and physical therapy. You could also be awarded damages for Erb's Palsy lawsuit emotional trauma and loss of quality of life.

Your lawyer will need to gather evidence to prove the error that caused the brachial plexus injuries to your child which could include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they'll make a claim against the defendants, which are usually the medical professionals who delivered your child. The defendants are then given a set time frame to respond. In the discovery phase, each side will gather evidence to back up their claims.

Most lawsuits settle out of court instead of going to trial, since it's more cost-effective for all parties involved. If your attorney is confident that they will prevail in the case at trial they may decide to take it to the jury for a verdict. A successful verdict will bring families a sense that justice has been done and help educate people about how to avoid any future birth injuries. If your verdict is not favorable you can appeal. While this process can take longer, it can also increase the amount of compensation you receive.