Erb's Palsy Litigation

Taking legal action in the aftermath of your child's plexus brachial injury can help bring your family and you closure. The process of litigation can be complicated and requires an experienced lawyer.

A successful lawsuit could grant your family members compensation for Erb's palsy lawsuit child's medical bills and any future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to seek 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 be millions of dollars.

Many of the Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and defendant work together to reach an agreement that pleases both parties. This can significantly speed up the legal process and avoid your family from having to face jurors or judges. However, if your family is unable to reach a settlement you will have to go to trial. This can take a considerable amount of time, but can also result in a bigger award.

The brachial plexus is a group of nerves that control movement in the arm. Forcing the head, neck, arms or shoulders during labor and deliveryfor example, when doctors use forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. This injury is often avoidable. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness of the birth injury that could have been avoided. In the past, these lawsuits have allowed families to obtain a fair financial settlement and help their child get back on path.

Arbitration or Mediation

If your child was injured while in the womb because of medical negligence, and suffered from brachial palsy, an erb's palsy attorneys Palsy settlement can help you pay for their treatment. This can include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a judge overturning a jury verdict. Your lawyer and hospital's attorneys will likely try to reach an agreement before the trial gets underway.

If you're unable to come to a deal the case will be taken to arbitration. This means that a neutral third party will listen to both sides and determine who wins the case. This type of hearing is more informal than a court trial, but it is essential to have witnesses present and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to attend the hearing in person or you can present their testimony through video conference. Subpoenas must be issued in advance to all witnesses to ensure that they are aware the requirement that they attend the hearing. You should also keep your witnesses' numbers and addresses on file in case you need to call them as an upcoming witness.

Complaints in the Court

Many children who suffer from erb's palsy lawyers syndrome can overcome their physical limitations with daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a substantial proportion of children don't recover to a significant degree and will be left with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair amount of compensation.

Your lawyer will work with specialists in treating this condition. They will create an annual cost of living estimate. This determines the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records, and look into whether or not the doctor who performed surgery on your child's diagnosis had a prior record of malpractice cases.

When your lawyer is aware of the injuries suffered by your child, she will make a claim against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal proceedings because it allows both sides to build their arguments. It can take as long as a year to reach a settlement.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer could be able to secure compensation that covers medical costs and future treatment costs such as adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the injury to the brachial nerve in your child. This may include medical records and witness statements, as well as expert testimony. After your lawyer has collected this evidence, they'll bring the lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants are then given a certain period of time to respond. During this discovery phase, each side will gather evidence to prove its case.

Most lawsuits settle out of court, instead of going to trial because it's more cost-effective for the parties involved. However, if your attorney is confident they can win at trial, they may decide to pursue the case all the way to a verdict by a jury. A successful verdict could provide families with a sense of justice and help educate people about how to avoid any future birth injuries. If your verdict is not favorable to you it is possible to appeal the decision. While this process could take more time, it can also increase the amount of the amount you are awarded.