Erb's Palsy Litigation

In the aftermath of your child's brachial-plexus injury can bring your family and you closure. However, Erb's palsy lawsuits the litigation process is complex and requires skilled legal representation.

If you win your lawsuit, your family may be awarded compensation for the medical expenses of your child as well as future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific case. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and defendant will work together to find an acceptable settlement to both parties. This can speed up the legal process significantly and prevent your family from having a jury or judge decide their case. If your family is not able to reach a settlement and you are unable to reach a settlement, you must go to court. This can take a lot of time, but it could also result in a larger settlement.

The brachial plexus is a set of nerves that control movement in the arm. When you are pregnant excessive forceful pulling of the neck, head, shoulders or on arms, could cause damage to these nerves, leading to Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also seek to increase awareness of this birth injury which could have been avoided. In the past these lawsuits helped families get a fair settlement in order to ensure their child's future.

Arbitration or Mediation

If your child was injured by a brachial plexus injury during birth due to medical negligence, an Erb's Palsy settlement can help pay for their treatment. This could include treatment, therapy, assistive devices, and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and hospital's attorneys are likely to attempt to negotiate an agreement before the trial starts.

If you cannot reach an agreement, the case will go to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This type of hearing is more informal than a court trial, but it is important to present witnesses and physical evidence.

Also, you must have copies of all your legal documents and Erb's palsy lawsuits witnesses in order to present them at the hearing. You can either witness your witnesses attend the hearing or submit their testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses so they are aware of the requirement to attend the hearing. You must also keep your witnesses' numbers and addresses on file in case you need to call them as an upcoming witness.

Complaints in the Court

Many children suffering from Erb's palsy can overcome their physical limitations with intense physical therapy every day. Some children require surgery to repair torn nerve fibers. Many children are never able to recover and must continue to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair amount of compensation.

To determine the value of your case the lawyer will work with doctors who specialize in treating these conditions to come up with a lifetime cost-of living estimate. This will help determine the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer will also help you obtain copies of your child's medical records and determine if the doctor who was involved in the birth of your child had an history of similar malpractice cases.

If your lawyer has a clear understanding of the child's injuries then she will start a lawsuit against defendants. Both parties will be involved in the discovery phase which involves exchanging evidence such as expert opinions, depositions, medical documents and more. This is an essential aspect of your legal case as it allows you to construct your case. It can take as long as an entire year to settle a case.

Settlement

If your erb's palsy attorney palsy suit is successful, your lawyer may be able get compensation to cover medical expenses and future treatment costs, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer must gather evidence to prove negligence that caused your child's brachial plexus injury and may include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against defendants. These are usually the medical professionals that delivered your child. The defendants are given a specific period of time to respond to the suit, and during this discovery stage both sides will collect additional evidence to prove their assertions.

Most lawsuits are settled outside of court rather than going to trial, because it's cheaper for all parties involved. However, if your attorney believes they will win in court, they could decide to take the case to a jury verdict. A successful verdict in a birth injury lawsuit can give families a sense justice and raise awareness and prevent these types of injuries from happening again in the future. If the verdict isn't favorable, you can appeal. This process may take longer, but can increase the amount you are awarded.