Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial-plexus injury can bring your family and you closure. However, the process of litigation is complicated and requires experienced legal representation.

A successful lawsuit may award your family compensation for child's medical bills as well as future treatment. Find out more about the Erb's Palsy lawsuit procedure.

The Legal Process

The most frequent reason for families to file an erb's palsy lawyers palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement will depend on the particular situation of your child as well as the extent of their injuries, but it could easily reach the thousands of dollars.

Many Erb's Palsy lawsuits are settled without court. Lawyers representing the plaintiff and defendant work together to reach an agreement that pleases both parties. This can shorten the legal process significantly and spare your family from having a judge or jury decide their case. However, if the family is unable to reach a settlement you will have to go to trial. This could take a long time, but it could also result in a higher amount.

The brachial nerves regulate the movement of the arm. During labor and birth excessive forceful pulling of the neck, head or shoulders, or on the arms can damage these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to spread the word about this birth injury which could have been prevented. In the past, these lawsuits have allowed families to obtain an equitable financial settlement and help their child get back on course.

Mediation or Arbitration

If your child was injured in the womb as a result of medical negligence and has suffered brachial sprains, an Erb's Palsy settlement could help you pay for their treatment. This could include therapy, treatment aids, assistive devices, as well as operations.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a judge could reverse a verdict given by a jury. Your lawyer and the hospital's lawyers will most likely attempt to reach an agreement before the trial begins.

If you fail to reach an agreement, Erb's Palsy lawsuits the case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This type of hearing is more informal than a court trial, however, it is crucial to present witnesses and other physical evidence.

You also need to 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 the hearing or provide their statements through video conferencing. Subpoenas must be issued in advance to all witnesses so that they are aware of the requirement to attend the hearing. Additionally, you should have your witnesses' addresses and phone numbers on file in case they are called to testify in the future.

Complaint in Court

Many children who suffer from Erb's Palsy can overcome their physical limitations with daily physical therapy. Some children require surgery to repair the torn nerve fibers. A large percentage of children will never recover and have to live their lives with the effects of this birth injury. Parents who believe their child's Erb's palsy was the result of negligence in the delivery process have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors who are experts in treating this condition to create a lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer will also help you get copies of the medical records for your child and determine if the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the 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 important part of your legal argument because it allows you to develop your case. Settlements can take as long as one year.

Settlement

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

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well expert testimony. Once your lawyer has gathered the evidence, he or she will file a lawsuit against the defendants. They are typically the medical professionals who provided your child with. The defendants are then given a certain time frame to respond. In this discovery phase the parties will gather evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial, since it's more cost-effective for the parties involved. If your attorney is convinced that they will prevail in the case in court, they might decide to try to get the jury for a verdict. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and raise awareness and prevent these types of injuries from occurring in the future. However, if your verdict is not favorable to you then you may appeal the decision. While this process could take more time but it also can increase the amount of the amount you are awarded.