Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial plexus injury can bring you and your family closure. The process of litigation can be complex and requires an experienced lawyer.

If you are successful in your lawsuit, your family can receive compensation for the medical expenses of your child and future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to get the cost of medical treatment and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and defendant collaborate to negotiate a settlement that is acceptable to both parties. This can drastically cut down on the legal process and save your family from having to face jurors or judges. If your family is unable agree on a settlement, Erb's palsy lawsuits you will need to go to the court. This can take a long time, but it could also result in a higher award.

The brachial nerves control the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head, shoulders, or on arms, could result in damage to these nerves and cause erb's palsy lawyer palsy. This injury is often avoidable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of the birth injury that could have been prevented. In the past these lawsuits allowed families to obtain an appropriate financial settlement to get their child's life back on the right track.

Mediation or Arbitration

If your child has suffered an injury to the brachial plexus in the womb due to medical negligence, an Erb's settlement could help you pay for his or her treatment. This can include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits settle out of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a judge could overturn a verdict awarded by the jury. Your lawyer and the hospital's lawyers will probably try to come to an agreement prior to the trial beginning.

If you are not able to reach an agreement, your case will go to arbitration. A neutral third party will hear both sides and decide who will win the case. This hearing is more informal than a court case, however it is vital to present witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You may either invite your witnesses to attend the hearing or give statements using video conferencing. You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas before the hearing. Additionally, you should have your witnesses' addresses and telephone numbers on file in case they're called to testify in the future.

Complaints in the Court

Many children who suffer from Erb's syndrome can overcome their physical limitations by daily physical therapy. Some children will need surgery to repair torn nerve fibers. However, erb's Palsy Lawsuits a significant number of children are not able to recover in any way and will have to live with the effects of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair amount of compensation.

To determine the worth of your case the lawyer will work with specialists in treating these conditions to create a cost-of-living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records, and look into whether the doctor who delivered your child had a previous history of malpractice cases.

When your lawyer has a good 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 through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal defense because it allows you to develop your case. It can take up to an entire year before you can settle a case.

Settlement

If your Erb's palsy suit is successful, your lawyer may be able to get compensation that covers medical expenses and future treatment costs which include adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to gather evidence to prove the malpractice that caused your child's brachial plexus injury that could include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals that delivered your child. The defendants are then given a specific amount of time to respond. In the discovery phase each side will gather evidence to support its claims.

Most lawsuits settle out of court, rather than go to trial because it's more cost-effective for the parties involved. If your lawyer is confident that they'll win the case in court and decides to go to the jury. A successful verdict in a birth injury lawsuit could provide families with a sense justice and help raise awareness to prevent these kinds of injuries from happening in the future. If your verdict isn't favorable you may appeal. While this procedure can take longer, it can also increase the amount of compensation you receive.