Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could aid you and your family find closure. The litigation process can be complicated and requires a skilled lawyer.

A successful lawsuit may award your family compensation for your child's medical bills as well as future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

The most frequent reason for families to file an erb's palsy attorney palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries and the specific case. It can easily reach 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 a settlement that is acceptable to both parties. This can drastically reduce the legal process and prevent your family from having to go before an attorney or a jury. However, if the family cannot agree on an agreement, you'll have to go to trial. This can take a lot of time, but can also result in a bigger amount.

The brachial complex is a collection of nerves which control movement within the arm. The forceful pulling of the neck, head shoulders or arms during labor and birthsuch as when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also seek to raise awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families secure an appropriate financial settlement to get their child's life back on the right track.

Arbitration or Mediation

If your child was injured while in the womb as a result of medical negligence and lawsuit suffered brachial sprains, an Erb's Settlement for palsy could help you pay for their care. This could include therapy, treatment aids, assistive devices, as well as procedures.

Many lawsuits settle out of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will probably try to come to an agreement before the trial gets underway.

If you're not able to reach a settlement the case will be taken to arbitration. This means that a neutral third party will listen to both sides and determine who will win the lawsuit. The hearing may be more informal than a trial, but it is crucial to present witnesses and evidence to the proceedings.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can have witnesses attend the hearing in person or they can give their testimony via video conferencing. Subpoenas should be sent in advance to all witnesses to ensure that they are aware of the requirement to attend the hearing. Additionally, you must have your witnesses' addresses and phone numbers in case in the event that they are needed as a witness in the future.

Complaint in the Court

Many children with Erb's -Pallsy are able to overcome physical limitations by intensive daily physical therapy. Some children require surgery to repair the torn nerve fibers. A large number of children will never recover and have to live suffering the effects of this birth injury. Parents who believe their child's erb's palsy lawyer palsy was due to negligence in the delivery process have the right to seek fair compensation for the injuries suffered by their child.

To establish the value of your case, your lawyer will work with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor who performed the birth of your child had a history of similar malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal defense because it allows you to develop your case. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to get compensation to cover medical expenses and future treatment costs, including adaptive devices and physical therapy. You could receive damages due to emotional trauma or 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 may include medical records and witness statements as well expert testimony. After your lawyer has gathered the evidence, they will file the lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants will be given a certain amount of time to reply to the lawsuit, and during this discovery phase both sides will gather additional evidence to support their claims.

Most lawsuits are settled out of court rather than go to trial because it's more cost-effective for all parties involved. If your lawyer is confident that they will prevail in the case at trial and decides to pursue it to an appeal to a jury verdict. A successful verdict in a birth injury lawsuit can provide families with a sense justice and help raise awareness to prevent these kinds of injuries from happening again 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 could increase the amount you get.