Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could help you and your family to find closure. However, the process of litigation is complex and requires expert legal representation.

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

The Legal Process

Families file Erb's Psy lawsuits to get reimbursement for medical expenses and other expenses. The amount of money awarded is contingent on the severity of your child's injuries as well as the specific situation. It could easily amount to millions of dollars.

Many of Erb's lawsuits involving palsy are settled out of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can drastically cut down on the legal process and save your family from having to go before the jury or judge. If your family is unable to reach an agreement, you'll have to go to trial. It can take a long time, but it can also potentially result in a bigger award.

The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling of the neck, head, or shoulders or on the arms, can cause nerve damage, resulting in erb's palsy lawyers palsy. This condition is usually prevented. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past, these lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on course.

Arbitration or Mediation

If your child was injured during the womb because of medical negligence and suffered brachial sprains, an Erb's settlement for palsy can help to pay for their medical treatment. This can include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits settle out of court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and the hospital's lawyers will likely seek a settlement prior to when the trial begins.

If you are unable to reach an agreement, the case will go to arbitration. A neutral third party will hear both sides and decide who wins the case. This type of hearing is more informal than a court case, but it is essential to present witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can attend the hearing in person or you can submit their statements through video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Also, keep the numbers of your witnesses and addresses in the file in case you need to call them as a future witness.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some children will need surgery to repair the torn nerve fibers. A large number of children do not recover and are forced to live with the consequences of this birth injury. Parents who believe their Erb's palsy in their child was the result of negligence in the delivery process have the right claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors that specialize in treating this condition to produce an annual cost of living estimate. This determines the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records and determine if the doctor who performed your child's birth had a history of similar malpractice cases.

If your lawyer has a good understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery phase, which includes exchanging evidence like expert opinions, depositions medical documents, and so on. This is a crucial aspect of your legal proceedings because it allows both sides to construct their arguments. Settlements can take as long as one year.

Settlement

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

Your lawyer will need to gather evidence to prove the malpractice that caused your child's brachial-plexus injury which could include medical documents, witness statements and expert testimony. After your lawyer has collected the evidence, they'll make a claim against the defendants, who are usually the medical experts who delivered your child. The defendants are then given a certain time frame to respond. During this discovery phase each side will gather evidence to back up their claims.

Most lawsuits settle out of court rather than going to trial because it's more cost-effective for all parties involved. If your lawyer believes they will win at trial, they may decide to take the case to an appeals court verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and help raise awareness to prevent these kinds of injuries from happening again in the future. If your verdict isn't favorable you can appeal. While this process can take more time, it can also increase the amount of compensation you receive.