Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family find closure. The litigation process can be complicated and requires an experienced lawyer.

A successful lawsuit can award your family members compensation for your child's medical bills and any future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the specific situation. It could easily be millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly shorten the legal process and save your family from facing a judge or jury. If your family members cannot reach the terms of settlement, you'll need to go to trial. It can take a long time, however, it could result in a bigger award.

The brachial nerves control the movement of the arm. Forcing the neck, head, arms, or shoulders during labor and birthlike when doctors use forceps or vacuum extractors excessively -- can cause damage to the nerves and cause Erb's palsy. This condition is usually avoidable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness of this birth injury which could have been prevented. In the past these lawsuits helped families get an affordable financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured during the womb as a result of medical negligence, and suffered from brachial palsy, anErb's Settlement for palsy could help you to pay for their medical treatment. This can include surgeries, therapy, assistive devices and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will likely attempt to reach a settlement prior to when the trial starts.

If you fail to reach an agreement, your case will be referred to arbitration. This means that a neutral third party will be able to hear both sides and determine who wins the lawsuit. This hearing is more informal than a court trial but it is important to present witnesses and other physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can attend the hearing in person, or you can provide their statements through video conferencing. You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas ahead of time. Additionally, you should have your witnesses' addresses and contact numbers on file in case they're called to testify in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome their physical limitations by daily physical therapy. Some children require surgery to repair torn nerve fibers. A significant number of children will never recover and have to live with the consequences of this birth injury. Parents who believe that their child's Erb's palsy was due to medical negligence during the birth procedure have the right to seek fair compensation for the injuries suffered by their child.

Your lawyer will work with doctors who are experts in treating this condition to develop the lifetime cost of living estimate. This determines the amount you are entitled to receive from your erb's palsy law firm palsy settlement. Your lawyer can also assist to obtain copies of your child’s medical records and determine whether or not the doctor who delivered your child's treatment had a previous record of malpractice cases.

When your lawyer has a solid knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both parties will undergo the discovery phase which involves exchanging evidence such as expert opinions, depositions and medical documents, and so on. This is an essential part of your legal action because it gives both sides the chance to construct their arguments. It can take as long as an entire year before you can arrive at a settlement.

Settlement

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

Your lawyer must gather evidence to prove the error that caused the brachial plexus injuries to your child that could include medical records, witness statements, and expert testimony. Once your lawyer has gathered this evidence, they'll bring the lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants will be given a specific period of time to respond to the lawsuit, and during the discovery phase both sides will gather additional evidence to support their assertions.

Most lawsuits are settled outside of court rather than going to trial as it is cheaper for everyone involved. If however, your attorney believes they will win in court, they could choose to take the case to an appeals court verdict. A successful verdict could give families a sense of justice and raise awareness about ways to avoid future birth injuries. However, if the verdict is not favorable to you You can appeal the decision. This process may take longer, but can increase the amount you are awarded.