Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can bring you and your family closure. The litigation process can be complicated and requires a skilled lawyer.

A successful lawsuit could award your family members compensation for child's medical bills and future treatment. Read on to learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can drastically cut down on the legal process and prevent your family from having to appear before an attorney or a jury. If your family is not able to come to a deal then you'll need to go to the court. This can take a considerable amount of time, but could also result in a bigger award.

The brachial nerves control the movement of the arm. Forcing the head, neck, shoulders or arms during labor and delivery -- such as when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage these nerves and cause erb's palsy attorneys palsy. In many cases, this injury is preventable. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about this birth injury that could have been prevented. In the past, these lawsuits helped families get a fair financial settlement to support their child's future.

Mediation or Arbitration

If your child was injured during the womb as a result of medical negligence and suffered brachial palsy, anErb's Settlement for palsy could help you pay for their treatment. This may include treatment, therapy aids, assistive devices, erb's Palsy as well as surgeries.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation faster and avoids the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and hospital's lawyers will probably try to come to an agreement before the trial gets underway.

If you are unable to reach an agreement, 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 case. The hearing may be more informal than a trial, but it is important to provide physical evidence and witnesses for the proceedings.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person or you can present their testimony through video conference. You must ensure that all of witnesses are aware that they must attend the hearing by submitting subpoenas ahead of time. You should also keep your witnesses' numbers and addresses on file, in case you have to contact them as witnesses in the future.

Complaint in the Court

Many children who suffer from Erb's palsy can overcome their physical limitations by daily physical therapy. Some children require surgery to repair torn nerve fibers. Many children do not recover and are forced to live their lives with the effects of this birth injury. Parents who believe their child's Erb's palsy was due to medical negligence during the birth process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who are experts in treating this condition. They will create an annual cost of living estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records, and also determine whether or not the doctor who gave you your child's diagnosis had a prior experience of malpractice.

Once your lawyer has identified the child's injuries she will make a claim against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal proceedings since it allows both sides to present their case. It could take up to an entire year before you can arrive at a settlement.

Settlement

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

Your lawyer must collect evidence to prove the error that caused your child's brachial-plexus injury that could include medical records, witness statements, and 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 are given a set period of time to respond to the lawsuit, and during this discovery phase each side will gather additional evidence to back their assertions.

Most lawsuits are settled out of court rather than going to trial because it is cost-effective for all parties involved. If your attorney is convinced that they will win the case in court it could be decided to pursue it to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense justice, and also help to raise awareness to prevent these kinds of injuries from happening again in the future. If your verdict is not favorable to you then you may appeal the decision. The process could take longer, but it could increase the amount you get.