Erb's Palsy Litigation

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

A successful lawsuit could award your family members compensation for child's medical expenses and future treatment. Find out more about the Erb's syndrome lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to seek compensation for medical costs and other expenses. The amount of money awarded depends on the severity of your child's injuries and the particular case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both the plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties. This could cut down the legal process considerably and save your family from having a judge or jury decide the case. If your family members are unable to come to a deal then you'll need to appear in court. This can take a long time but it could also result in a larger award.

The brachial complex is a collection of nerves that regulate movement within the arm. When you are pregnant excessive forceful pulling on the neck, head, or shoulders or on the arms can result in damage to these nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also wish to raise awareness of this birth injury that could have been prevented. In the past the lawsuits have allowed families to obtain an appropriate financial settlement to get their child's life back on the right track.

Arbitration or Mediation

If your child sustained an injury to the brachial plexus in the womb due to medical negligence, an erb's palsy attorneys settlement can help you pay for their treatment. This could include treatment, therapy as well as assistive devices and operations.

Many lawsuits settle without court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a judge could reverse a verdict given by jurors. Your lawyer and hospital's lawyers will most likely try to reach an agreement before the trial begins.

If you're not able to come to a deal your case will be sent to arbitration. This means that a neutral third party will hear both sides and determine who wins the case. This hearing is more informal than a court case, but it is essential to present witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to present at the hearing. Witnesses may be required to attend the hearing in person, or you can present their testimony through video conferencing. Subpoenas need to be sent in advance to all witnesses in order that they are aware the requirement to attend the hearing. You must also keep your witnesses' numbers and addresses in the file in case you have to contact them for an upcoming witness.

Complaint in the Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intense physical therapy every day. Some will require surgery to repair damaged or separated nerve fibers. A significant number of children will never recover and have to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to fair compensation.

Your lawyer will collaborate with specialists in treating this condition to develop an annual cost of living estimate. This helps determine how much you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also help you get copies of the medical records for your child and investigate whether the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.

Once your lawyer has identified the harms your child has suffered, she will make a claim against the defendants. Both parties will undergo the discovery phase which involves exchanging evidence like expert opinions, depositions medical documents, and so on. This is an essential part of your legal action because it gives both sides the chance to build their arguments. Settlements can take up to one year.

Settlement

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

Your lawyer will need to gather evidence to prove the mistake that led to 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 file the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are given a set amount of time in which to respond to the lawsuit. during the discovery phase both sides will collect additional evidence to support their claims.

Most lawsuits settle out of court, instead of going to trial, since it's cost-effective for all parties involved. If your lawyer is confident that they will prevail in the case in court they may decide to try to get an appeal to a jury verdict. A successful verdict can give families a sense justice and increase awareness of how to prevent future birth injuries. If the verdict isn't favorable, you can appeal. This could take a bit longer, but it will raise the amount you receive.