Erb's Palsy Litigation

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

If you win your lawsuit, Erb's Palsy Lawsuits your family could receive compensation for medical expenses of your child as well as future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

The most frequent reason families start an Erb's Palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded is contingent 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 without court. The lawyers for both plaintiff and defendant will come together to negotiate an agreement that is acceptable to both parties. This could speed up the legal process dramatically and keep your family from having a judge or jury decide the case. If your family is unable to reach an agreement on a settlement and you are unable to reach a settlement, you must go to the court. This could take a long amount of time, but it could also result in a bigger award.

The brachial complex is a collection of nerves that control movement in the arm. Forceful pulling on the head, neck, arms or shoulders during labor and deliverysuch as when doctors employ forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. This condition is usually prevented. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to raise the word about this birth injury that could have been avoided. In the past the lawsuits have helped families secure an affordable financial settlement and help their child get back on course.

Mediation or Arbitration

If your child was injured in the womb due to medical negligence, and suffered from brachial sprains, an Erb's Palsy settlement can help you pay for their treatment. This could include therapy, surgery aidive devices, and treatment.

Many lawsuits settle out of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a court in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will likely attempt to negotiate a settlement prior to when the trial begins.

If you're not able to agree to a settlement the case will go to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the case. This type of hearing is more informal than a court trial but it is important to present witnesses and other physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can choose to witness your witnesses attend the hearing or present their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses to ensure they are aware of the requirement that they attend the hearing. Additionally, you should have the addresses of your witnesses and phone numbers in case in the event that they are needed as a witness in the future.

Complaints in Court

Many children suffering from Erb's syndrome can overcome their physical limitations by intense physical therapy every day. Some will require surgery to repair damaged or damaged nerve fibers. However, a substantial proportion of children will not recover to a significant degree and must live with the effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair amount of compensation.

To determine the worth of your case, your lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you get copies of your child’s medical records and determine whether or not the doctor who performed surgery on your child had a previous medical malpractice case.

Once your lawyer has a good understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go through the discovery phase which involves exchanging evidence such as expert opinions, depositions, additional medical records, and more. This is a vital part of your legal proceedings because it allows both sides to develop their arguments. Settlements can last up to one year.

Settlement

When your erb's palsy lawsuits palsy lawsuit is successful, your lawyer may be able to obtain compensation that covers medical costs and future treatment costs, including adaptive devices and physical therapy. You could be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will need to collect evidence to prove the negligence 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 a lawsuit against the defendants. They are typically the medical professionals who gave your child. The defendants will then be given a specified time frame to respond. In the discovery phase each side will gather evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial, because it's more cost-effective for the parties involved. However, if your attorney believes that they can win in court, they might decide to pursue the case to a verdict by a jury. A successful verdict in a birth injury lawsuit can provide families with a sense justice and can help increase awareness to prevent these types of injuries from happening again in the future. However, if your verdict is not favorable to you it is possible to appeal the decision. While this procedure can take more time but it also can increase the amount of the compensation you receive.