Erb's Palsy Litigation

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

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

The Legal Process

Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other losses. The amount of money that is awarded in a settlement is dependent on your child's specific case and the severity of their injuries but it could easily reach the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This can drastically reduce the legal process, and also prevent your family from facing a judge or jury. If your family members are unable to reach an agreement on a settlement then you'll need to appear in the court. This could take a long time, but it can also potentially result in a higher award.

The brachial plexus is a group of nerves that control movement within the arm. When you are pregnant excessive forceful pulling on the neck, head, shoulders, or on arms, could cause nerve damage, resulting in Erb's palsy. This type of injury is usually preventable. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past, Erb's palsy lawsuits these lawsuits have helped families secure an appropriate financial settlement to help their child get back on track.

Arbitration or Mediation

If your child was injured by a brachial plexus injury during the womb as a result of medical negligence, an erb's palsy attorneys settlement could help you pay for their care. This could include surgery, therapy aidive devices, and treatment.

Many lawsuits settle without court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's lawyers are likely to attempt to reach an agreement before the trial begins.

If you fail to reach an agreement, your case will go to arbitration. A neutral third party will listen to both sides and decide who wins the case. This type of hearing is more informal than a court trial however it is vital to provide witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You may either have your witnesses attend the hearing or present their statements through video conferencing. Subpoenas must be issued in advance to all witnesses so that they are aware of the requirement that they attend the hearing. Additionally, you should have your witnesses' addresses and contact numbers on file in the event that they are needed as a witness in the future.

A complaint to the court

Many children with Erb's -Pallsy can overcome physical limitations with regular physical therapy. Some children will need surgery to repair the torn nerve fibers. A large percentage of children do not recover and are forced to live their lives suffering the effects of this birth injury. Parents who believe their child's Erb's paralysis was the result of negligence by a medical professional during the birth process are entitled to claim fair compensation for their child's injuries.

To determine the worth of your case your lawyer will collaborate with doctors who specialize in treating these conditions 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 assist to obtain copies of your child’s medical records and determine whether the doctor who delivered your child's care had a medical malpractice case.

If your lawyer has a clear understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase which includes exchanging evidence, including expert opinions, depositions and medical records, and more. This is a vital part of your legal proceedings as it allows both sides to develop their arguments. Settlements can take as long as one year.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer might be able to obtain compensation to cover medical costs and future treatment costs, including adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that malpractice caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well expert testimony. Once your lawyer has gathered this evidence, they'll file the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants will be given a certain period of time to respond to the lawsuit, and during this process of discovery each side will gather more evidence to support their assertions.

Most lawsuits are settled outside of court rather than going to trial due to the fact that it is more cost-effective for everyone involved. If your attorney is convinced that they will prevail in the case in court they may decide to pursue it to the jury for a verdict. A successful verdict will provide families with a sense of justice and help spread awareness about ways to avoid future birth injuries. If the verdict you receive is not favorable, you can appeal. Although this process may take longer, it can also increase the amount of compensation you receive.