Erb's Palsy Litigation

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

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

The Legal Process

The most frequent reason families bring an Erb's palsy suit is to get compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on the particular case of your child and the severity of their injuries, but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This can drastically reduce the legal process and save your family from having to appear before jurors or judges. However, if your family cannot agree on an agreement, you'll have to go to trial. This could take a long time however, it could result in a bigger award.

The brachial area is a group of nerves that regulate movement within the arm. Forcing the neck, head, arms or shoulders during labor and delivery -such as when doctors make use of forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. This injury is often preventable. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness of this birth injury that could have been prevented. In the past the lawsuits have helped families obtain a fair financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child sustained an injury to the brachial area during pregnancy due to medical negligence, an Erb's palsy settlement could help you pay for his or her treatment. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits settle without court. This allows plaintiffs to get compensation faster and avoids the possibility that a judge might overturn a decision made by the jury. Your lawyer and the hospital's lawyers are likely to try to reach an agreement prior to the trial gets underway.

If you are unable to come to a deal, your case will proceed to arbitration. This means that a neutral third party will listen to both sides and determine who wins the case. This kind of hearing could be more informal than a trial, however it's crucial to present witnesses and evidence to the hearing.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to present at the hearing in person, or they can give their testimony via video conference. Subpoenas should be sent in advance to all witnesses to ensure they are aware of the requirement to be present at the hearing. Additionally, you should have the addresses of your witnesses and contact numbers on file in case they are required to appear as a witness in the future.

Complaint in the Court

Many children suffering from Erb's Palsy can overcome physical limitations through regular physical therapy. Some will require surgery to repair sprained or damaged nerve fibers. A significant number of children do not recover and are forced to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors who are experts in treating this condition to create an annual cost of living estimate. This helps determine how much you're entitled to from your erb's palsy attorneys palsy settlement. Your lawyer can also help you get copies of the medical records for your child and investigate whether the doctor responsible for the birth of your child had an history of similar malpractice cases.

Once your lawyer has a clear understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal proceeding because it gives both sides the chance to build their arguments. Settlements can last for up to one year.

Settlement

If your lawsuit against erb's palsy law firms Palsy is a success the lawyer may be able to secure compensation to pay for medical costs as well as future treatment costs. adaptive devices and physical therapy. You could 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 error that caused the brachial plexus injury to your child and may include medical records, witness statements, and expert testimony. Once your lawyer has collected the evidence, they will bring a lawsuit against the defendants. They are typically the medical professionals that have delivered your child. The defendants will be given a specific period of time to respond to the lawsuit, erb's palsy law firms and during the discovery phase each side will gather additional evidence to back their assertions.

Most lawsuits are settled outside of court instead of going to trial due to the fact that it is cost-effective for everyone involved. If however, your attorney believes that they can win at trial, they may decide to take the case to a jury verdict. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice and can help increase awareness in order to prevent these types of injuries from occurring in the future. If your verdict is not favorable you may appeal. This procedure could take longer, but can raise the amount you receive.