Erb's Palsy Litigation

Taking legal action in the aftermath of your child's plexus brachial injury can bring you and your family closure. However, the litigation process is complex and requires expert legal representation.

If you are successful in your lawsuit, your family may receive compensation for the medical expenses of your child as well as future treatment. Read on to learn more about the erb's palsy attorney Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain the cost of medical treatment and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the particular case. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and defendant collaborate to negotiate a settlement that is acceptable to both parties. This could cut down the legal process significantly and prevent your family from having a jury or judge decide the case. However, if the family members cannot reach an agreement, you'll have to go to trial. This can also take a long time but it can also potentially result in a higher award.

The brachial area is a group of nerves that control movement within the arm. During labor and delivery excessive forceful pulling of the head, neck or shoulders, or on the arms can cause damage to these nerves, leading to Erb's Palsy. This condition is usually prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise the word about 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 track.

Mediation or Arbitration

If your child was injured by an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's Palsy settlement could help you pay for their treatment. This could include therapy, treatment as well as assistive devices and procedures.

Many lawsuits are settled outside of court. This lets plaintiffs receive compensation faster and avoids the possibility that a judge might overturn a decision made by jurors. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement before the trial begins.

If you're unable to agree to a settlement the case will be taken to arbitration. This means that an impartial third party will be able to hear both sides and decide who wins the case. This type of hearing can be more informal than a trial, however it's crucial to present physical evidence and witnesses for the proceedings.

You will also require copies of all legal documents and witnesses to appear at the hearing. You may either have your witnesses attend the hearing or provide their statements via videoconferencing. Subpoenas must be issued in advance to all witnesses to ensure they are aware the requirement that they attend the hearing. Additionally, you should have their addresses and telephone numbers on file in the event that they are needed as witnesses in the future.

Complaints in the Court

Many children who suffer from Erb's syndrome can overcome their physical limitations with regular physical therapy. Some children will need surgery to repair torn nerve fibers. However, a large percentage of children don't recover in any way and will have to live with the handicaps of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to fair compensation.

To determine the worth of your case the lawyer will work with doctors who are experts in treating these ailments to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer will also help you obtain copies of the medical records for your child and determine if the doctor responsible for the birth of your child had a history of similar malpractice cases.

Once your lawyer has identified the injuries of your child then she will bring a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal argument because it allows you to construct your case. Settlements can last up to one year.

Settlement

If your lawsuit against Erb's Palsy is successful the lawyer may be able to get compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices along with physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the brachial plexus injury in your child. This could include medical records and testimony from witnesses as well as expert testimony. After your lawyer has gathered the evidence, he will make a claim 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 this discovery phase the parties will gather evidence to support its claims.

Most lawsuits are settled outside of court rather than going to trial because it's cost-effective for all parties involved. If however, your attorney is confident they can win at trial, they may decide to take the case to the verdict of a jury. A successful verdict in an injury lawsuit for birth can give families a sense justice and help raise awareness to prevent these types of injuries from happening in the future. However, if the verdict is not in your favor then you may appeal the decision. This could take a bit longer, but it can raise the amount you receive.