Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family find closure. The process of litigation is complicated and requires an experienced lawyer.

If you are successful in your lawsuit, your family can receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

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

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from having to go before the jury or judge. If your family members are unable to agree on a settlement, you will need to appear in court. This can take a considerable amount of time, but can also result in a bigger settlement.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head, shoulders or arms during labor and deliverysuch as when doctors use forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. In many cases, this injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to raise awareness of this birth injury that could have been avoided. In the past, these lawsuits have helped families get an appropriate financial settlement to help their child get back on track.

Arbitration or Mediation

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

Many lawsuits are settled out of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will probably try to come to an agreement before the trial starts.

If you cannot reach an agreement, your case will be taken to arbitration. This means that an impartial third party will be able to hear both sides and determine who will win 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 present at the hearing. You can either have your witnesses attend the hearing or provide their statements through video conferencing. You must ensure that all of your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. You must also keep your witnesses' numbers and addresses on file, in case you have to contact them for an upcoming witness.

Complaint in Court

Many children with Erb's -Pallsy can overcome physical limitations with regular physical therapy. Some children may require surgery to repair the torn nerve fibers. However, a significant number of children don't recover in any way and will have to live with the effects of this birth injury for life. Parents who believe that their child's Erb's syndrome was the result of negligence in the delivery procedure have the right to seek fair compensation for their child's injuries.

To determine the value of your case your lawyer will collaborate with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This is used to determine how much you're entitled to from the Erb's palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor who was involved in your child's birth had a history of similar malpractice cases.

Once your lawyer has identified the injuries of your child she will make a claim against the defendants. Both parties will go through the discovery phase that involves exchanging evidence like expert opinions, depositions and medical documents and more. This is an essential part of the legal process as it allows both sides to present their case. It can take as long as a year to settle a case.

Settlement

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

Your lawyer must gather evidence to prove the error that caused your child's brachial-plexus injury, which could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, he will make a claim against the defendants. They are typically the medical professionals that provided your child with. The defendants will then be given a certain amount of time to respond to the lawsuit, and during the discovery phase both sides will gather additional evidence to prove their assertions.

Most lawsuits are settled outside of court rather than going to trial due to the fact that it is more cost-effective for all parties involved. If however, your attorney is confident that they will prevail in court, they might decide to pursue the case all the way to the verdict of a jury. A successful verdict could give families a sense justice and raise awareness about ways to avoid future birth injuries. If the verdict isn't favorable you can appeal. While this procedure can take more time however, it could also increase the amount of the amount you are awarded.