Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family could receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

The most common reason for families to file an erb's palsy lawsuit [Www.khanlin.com] is to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on your child's specific case and the extent of their injuries, but it can easily go into the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both plaintiff and the defendant will work together to find a settlement that is acceptable to both parties. This can drastically cut down on the legal process and prevent your family from having to go before jurors or judges. If your family is not able to reach a settlement the family will have to go to the court. This can take a lot of time, but can also result in a larger settlement.

The brachial plexus is a group of nerves that control movement within the arm. During labor and delivery excessive forceful pulling on the neck, head or shoulders, or on the arms could damage these nerves, causing Erb's Palsy. The injury is often preventable. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past these lawsuits have helped families obtain a fair financial settlement to support their child's future.

Mediation or Arbitration

If your child sustained a brachial plexus injury in the womb due to medical negligence, an Erb's settlement could help you pay for their care. This could include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's attorneys will likely attempt to negotiate an agreement prior to the trial starts.

If you are not able to reach an agreement, the case will be taken to arbitration. A neutral third party will consider both sides and decide who wins the case. This hearing is more informal than a court trial but it is essential to present witnesses and other physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses attend the hearing in person or they can give their testimony via video conferencing. Subpoenas must be sent in advance to all witnesses in order that they are aware the requirement that they attend the hearing. You should also keep the names of witnesses' telephone numbers and addresses on file, in case you need to contact them as a future witness.

Complaint in Court

Many children who suffer from Erb's palsy can overcome their physical limitations with daily physical therapy. Some will require surgery to repair damaged or separated nerve fibers. However, a large percentage of children do not recover in any significant way and must live with the handicaps of this birth injury for the rest of their lives. Parents who believe their child's Erb's palsy was the result of medical negligence during the birth process are entitled to claim fair compensation for their child's injuries.

To determine the worth of your case Your lawyer will work with specialists 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 settlement you received for your Erb's syndrome. Your lawyer can also help you get copies of the medical records for your child and determine if the doctor who performed your child's birth had previous malpractice cases.

If your lawyer has a clear understanding of the harms your child has suffered then she will make a claim against the defendants. Both sides will go through the discovery process which involves exchanging evidence such as expert opinions, depositions, additional medical records and more. This is a crucial part of your legal action since it allows both sides to construct their arguments. It can take as long as one year to arrive at a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to secure compensation for medical expenses and future costs for treatment including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the injury to the brachial plexus in your child. This could include medical records and witness statements, as well as expert testimony. Once your attorney has gathered the evidence, they'll bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a certain amount of time to reply. In this phase of discovery the parties will gather evidence to back up their claims.

Most lawsuits are settled out of court rather than go to trial, as it's cost-effective for all parties involved. If your attorney is confident that they'll win the case at trial they may decide to try to get a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense justice and can help increase awareness to prevent these kinds of injuries from occurring in the future. However, if the verdict is not favorable to you it is possible to appeal the decision. This could take a bit longer, but it will increase the amount you are awarded.