Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may help you and your family to find closure. The process of litigation is complex and requires an experienced lawyer.

A successful lawsuit could award your family compensation for child's medical bills as well as future treatment. Learn more about the Erb's palsy litigation procedure.

The Legal Process

The most popular reason for families to bring an Erb's palsy suit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on the particular case of your child and the extent of their injuries, but it could easily reach the millions of dollars.

Many of the Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process and save your family from having to go before an attorney or a jury. If your family is unable reach an agreement on a settlement then you'll need to appear in court. This can take a lot of time, Erb's palsy but it could also result in a bigger award.

The brachial plexus is a group of nerves that regulate movement in the arm. The forceful pulling of the neck, head, shoulders or erb's palsy arms during labor and birth- such as when doctors use forceps or vacuum extractors excessively -- can cause damage to the nerves and cause Erb's palsy. This injury is often preventable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness about this birth injury which could have been avoided. In the past the lawsuits have helped families secure a fair financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child was injured in the womb because of medical negligence, and suffered from brachial paralysis, an Erb's Settlement for palsy could help you to pay for their medical treatment. This could include treatment, therapy devices, assistive devices, and procedures.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a judge could overturn a verdict awarded by a jury. Your lawyer and the hospital attorneys will most likely seek to negotiate a settlement before the trial begins.

If you're unable to settle your dispute the case will go to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. This type of hearing can be more informal than a trial, but it's crucial to present witnesses and evidence for the hearing.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person, or you can present their testimony via video conferencing. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. You must also keep your witnesses' numbers and addresses on file, in case you have to contact them as a future witness.

Complaints in the Court

Many children who suffer from erb's palsy attorneys Palsy can overcome physical limitations through intense physical therapy every day. Some will require surgery to repair damaged or separated nerve fibers. However, a large percentage of children don't recover to a significant degree and will have to live with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to fair compensation.

To determine the worth of your case the lawyer will work with doctors who are experts in treating these ailments to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also help to obtain copies of your child’s medical records and determine whether or not the doctor who performed surgery on your child's diagnosis had a prior experience of malpractice.

When your lawyer is aware of the harms your child has suffered, 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 records are also included. This is a crucial part of your legal defense because it helps you build your case. Settlements can last up to one year.

Settlement

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

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial nerve in your child. This could include medical records and witness statements, as well as expert testimony. Once your lawyer has collected the evidence, he will make a claim against the defendants. They are typically the medical professionals who gave your child. The defendants are then given a certain time frame to respond. During this discovery phase each side will gather evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial due to the fact that it's more cost-effective for all parties involved. If your lawyer is confident that they will prevail in the case in court and decides to try to get a jury verdict. A successful verdict could give families a sense of justice and help spread awareness about how to prevent future birth injuries. However, if the verdict is not in your favor then you may appeal the decision. The process could take longer, but it can raise the amount you receive.