Erb's Palsy Litigation

The legal process in the aftermath of your child's plexus brachial injury can bring your family and you closure. The process of suing can be complex and requires an experienced lawyer.

If you are successful in your lawsuit, your family could be awarded compensation for the medical expenses of your child and future treatment. Find out more about Erb's palsy litigation procedure.

The Legal Process

The most common reason families file an Erb's 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 situation. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and the defendant will come together to negotiate an agreement that is acceptable to both parties. This could cut down the legal process by a significant amount and save your family from having a jury or judge decide on their case. If your family members cannot reach the terms of settlement, you'll need to go to trial. It can take a long time, but it can also potentially result in a higher amount.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling of the neck, head, shoulders or on arms, could cause nerve damage, resulting in Erb's Palsy. The injury is often preventable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to spread awareness about the birth injury that could have been prevented. In the past the lawsuits have helped families secure an affordable financial settlement and help their child get back on path.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence and was later diagnosed with brachial palsy, anErb's Palsy settlement could help you pay for their treatment. This could include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle without court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a judge could invalidate a verdict handed down by the jury. Your lawyer and hospital's lawyers are likely to try to reach a settlement prior to when the trial starts.

If you are unable reach a settlement, your case will proceed to arbitration. A neutral third party will hear both sides and determine who wins the case. This type of hearing can be more informal than a trial, but it is important to provide witnesses and evidence in the proceedings.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You can choose to have your witnesses attend the hearing or provide their statements via videoconferencing. Subpoenas should be sent in advance to all witnesses in order they are aware the requirement that they attend the hearing. Keep the numbers of your witnesses and [Redirect-302] addresses on file in case you have to contact them as a future witness.

A complaint to the court

Many children suffering from Erb's palsy are able to overcome physical limitations by intense daily physical therapy. Some children will require surgery to repair torn nerve fibers. However, a significant number of children don't recover to any measurable degree and must live with the effects of this birth injury for the rest of their life. Parents who believe their Erb's palsy in their child was the result of negligence by a medical professional during the birth process are entitled to claim fair compensation for their child's injuries.

Your lawyer will work with doctors who are experts in treating this condition to produce an annual cost of living estimate. This determines the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and investigate whether the doctor who treated your child's treatment had a previous history of malpractice cases.

If your lawyer has a good knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal proceedings because it allows both sides to present their case. Settlements can last for up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to secure compensation for shorl.com medical expenses and future treatment costs including adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records and witness statements, as well as expert testimony. After your lawyer has collected this evidence, they'll bring the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants will be given a certain period of time to respond to the lawsuit, and during this discovery stage, both sides will gather additional evidence to prove their assertions.

Most lawsuits are settled outside of court rather than going to trial, because it's more cost-effective for the parties involved. If your attorney is confident that they'll win the case at trial it could be decided to try to get the jury for a 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. However, if your verdict is not favorable to you it is possible to appeal the decision. While this process could take more time, it can also increase the amount of the amount you are awarded.