Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family to find closure. The process of litigation is complicated and requires an experienced lawyer.

A successful lawsuit can award your family compensation for your child's medical expenses and future treatment. Find out more about the Erb's palsy lawsuit procedure.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement will depend on the specific situation of your child and the severity of their injuries, Erb's Palsy lawsuit but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers of both the plaintiff and defendant collaborate to reach an agreement that is acceptable to both parties. This can speed up the legal process dramatically and keep your family from having a jury or judge decide the case. If your family is unable to reach the terms of settlement, you'll need to go to trial. It can take a long time but it could also result in a higher amount.

The brachial complex is a collection of nerves which control movement within the arm. The forceful pulling of the neck, head arms, or shoulders during labor and delivery -such as when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves, causing erb's palsy lawyers palsy. This condition is usually preventable. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families obtain an affordable financial settlement to support their child's future.

Mediation or Arbitration

If your child suffered a brachial plexus injury during pregnancy due to medical negligence, an Erb's palsy settlement can help you to pay for the treatment. This may include therapy, treatment as well as assistive devices and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and hospital's lawyers are likely to attempt to reach a settlement prior to when the trial gets underway.

If you fail to reach an agreement, the case will be taken to arbitration. A neutral third party will listen to both sides and decide who wins the case. This kind of hearing could be more informal than a trial, however it is crucial to present witnesses and evidence in the hearing.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to attend the hearing in person or you can provide their statements via video conference. Subpoenas must be issued in advance to all witnesses in order they are aware the requirement to attend the hearing. You should also keep your witnesses' phone numbers and addresses on file in case you have to call them as witnesses in the future.

Complaints in Court

Many children who suffer from the condition Erb's-Palsy can overcome their physical limitations by daily physical therapy. Some will require surgery to repair sprained or separated nerve fibers. However, a significant number of children do not recover to a significant degree and will be left 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 negligence during the birth process are entitled to a fair amount of compensation.

To determine the worth of your case Your lawyer will work with doctors who specialize in treating these conditions to develop a life-long cost-of-living estimate. This will help determine the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also help to obtain copies of your child's medical records and determine whether the doctor who gave you your child's treatment had a previous history of malpractice cases.

When your lawyer has a solid understanding of your child's injuries then she will file your lawsuit against the defendants. Both parties will undergo the discovery phase which involves exchanging evidence like expert opinions, depositions, medical documents and more. This is an essential part of your legal case as it allows you to develop your case. Settlements can last for up to one year.

Settlement

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

Your lawyer will need evidence to prove that negligence 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 start a lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will then be given a specified amount of time to reply. During this discovery phase, each side will gather evidence to support its claims.

Most lawsuits settle out of court rather than go to trial, as it's cost-effective for all parties involved. If however, your attorney believes they will win at trial, they may decide to pursue the case all the way to an appeals court verdict. A successful verdict can give families a sense justice and raise awareness about ways to avoid future birth injuries. However, if the verdict is not favorable to you then you may appeal the decision. This could take a bit longer, but it can increase the amount you are awarded.