Erb's Palsy Litigation

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 are successful in your lawsuit, your family could receive compensation for the medical bills of your child and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical costs and other expenses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant will collaborate to negotiate an acceptable settlement to both parties. This can drastically reduce the legal process, and also prevent your family from facing jurors or judges. If your family is unable agree on a settlement and you are unable to reach a settlement, you must go to court. This can take a long time however, it could result in a higher award.

The brachial complex is a collection of nerves that control movement in the arm. During labor and birth excessive forceful pulling on the head, neck or shoulders, or on the arms could cause damage to these nerves, leading to Erb's Palsy. This type of injury is usually prevented. Families file lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to spread the word about this birth injury which could have been avoided. In the past, these lawsuits have helped families get a fair financial settlement and help their child get back on course.

Mediation or Arbitration

If your child was injured in the womb due to medical negligence, and suffered from brachial sprains, an Erb's Palsy settlement can help you pay for their treatment. This can include therapy, surgery, assistive devices and treatment.

Many lawsuits settle without court. This lets plaintiffs receive compensation faster and avoids the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and hospital's lawyers will likely seek an agreement before the trial gets underway.

If you are unable reach a settlement, your case will proceed to arbitration. This means that a neutral third party will listen to both sides and decide who wins the case. This hearing is more informal than a court trial however it is vital to present witnesses and other physical evidence.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to present at 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. Keep the names of witnesses' telephone numbers and addresses in the file in case you need to call them as an upcoming witness.

Complaint in the Court

Many children suffering from erb's palsy attorneys palsy can overcome physical limitations with intense daily physical therapy. Some children will need surgery to repair damaged nerve fibers. However, a substantial proportion of children will not recover in any significant way and will have to live with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

To establish the value of your case Your lawyer will work with specialists in treating these conditions to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer can also help you get copies of the medical records for your child and investigate whether the doctor who was involved in the birth of your child had an history of similar malpractice cases.

When your lawyer is aware of the injuries of your child she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase which includes exchanging evidence like expert opinions, depositions, additional medical documents and more. This is a crucial part of your legal proceeding as it allows both sides to construct their arguments. It can take up to a year to reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to secure compensation to cover medical expenses and future treatment costs such as adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of living.

Your lawyer will need to collect evidence to prove the error that caused your child's brachial plexus injury, which could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants will be given a specified amount of time to respond to the suit, and during this discovery phase both sides will collect more evidence to support their claims.

Most lawsuits settle out of court instead of going to trial because it's more cost-effective for the parties involved. If your lawyer believes they will win 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 of justice and raise awareness about how to avoid any future birth injuries. If the verdict isn't favorable you may appeal. While this process could take longer but it also increases the amount of compensation you receive.