Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial injury can help bring you and your family closure. The process of suing can be complicated and requires an experienced lawyer.

If you are successful in your lawsuit, your family can be awarded compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb's palsy litigation process.

The Legal Process

The most popular 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 in a settlement will depend on the specific situation of your child and the severity of their injuries, but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This can drastically cut down on the legal process and erb's Palsy Lawsuit prevent your family from having to appear before an attorney or a jury. However, Erb's palsy lawsuit if the family is unable to reach an agreement, you'll have to go to trial. This can take a significant amount of time, but could also result in a bigger settlement.

The brachial area is a group of nerves that control movement in the arm. During labor and birth excessive forceful pulling on the neck, head, shoulders, or on the arms can result in damage to these nerves and cause Erb's palsy. The injury is often prevented. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also seek to raise the word about this birth injury which could have been prevented. In the past, these lawsuits have allowed families to obtain an affordable financial settlement and get their child's life back on path.

Arbitration or Mediation

If your child was injured during the womb by medical negligence and suffered brachial paralysis, an Erb's Palsy settlement could help you pay for their treatment. This may include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge could reverse a verdict given by a jury. Your lawyer and hospital's attorneys will likely 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 take in both sides and determine who will win the case. This type of hearing can be more informal than a trial, but it is crucial to present witnesses and evidence in the hearing.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. Witnesses can attend the hearing in person or they can give their testimony through video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure they are aware of the requirement to be present at the hearing. Keep the numbers of your witnesses and addresses in the file in case you have to contact them as witnesses in the future.

Complaint to the Court

Many children suffering from Erb's Palsy can overcome physical limitations through regular physical therapy. Some may require surgery to repair torn or separated nerve fibers. However, a significant number of children are not able to recover in any way and will be left with the handicapping effects of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with specialists in treating this condition to produce the lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer will also help you get copies of your child's medical records and determine if the doctor who was involved in your child's birth had previous malpractice cases.

When your lawyer has a good understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal argument because it allows you to build your case. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to get compensation for medical expenses and future costs for treatment including 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 show that malpractice caused the brachial plexus injury in your child. This may include medical records and witness statements, as well as expert testimony. Once your lawyer has collected the evidence, he will bring a lawsuit against the defendants. They are typically the medical professionals that provided your child with. The defendants are then given a specific time frame to respond. In this phase of discovery each side will gather evidence to back up their claims.

Most lawsuits settle out of court rather than going to trial, since it's cheaper for all parties involved. If however, your attorney believes that they can win at trial, they may decide to take the case to a verdict by a jury. A successful verdict in a birth injury lawsuit could give families a sense justice and help raise awareness in order to prevent these types of injuries from occurring in the future. If your verdict is not in your favor, you can appeal the decision. This procedure could take longer, but it can raise the amount you receive.