Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family find closure. The process of suing can be complex and requires an experienced lawyer.

A successful lawsuit could award your family compensation for your child's medical bills and future treatment. Find out more about the Erb's-Palsy lawsuit process.

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 is contingent upon the specific situation of your child and the severity of their injuries but it can easily go into the millions of dollars.

Many of Erb's lawsuits involving palsy are resolved outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This could cut down the legal process dramatically and save your family from having a judge or jury decide on their case. If your family members are unable to agree on a settlement and you are unable to reach a settlement, you must appear in the court. This can also take a long time but it can also potentially result in a larger award.

The brachial complex is a collection of nerves that regulate movement in the arm. During labor and birth excessive forceful pulling of the neck, head or shoulders or on the arms, can result in damage to these nerves and cause Erb's palsy. The injury is often preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to spread awareness about this birth injury that could have been prevented. In the past, these lawsuits have helped families get a fair financial settlement and help their child get back on the right track.

Mediation or Arbitration

If your child was injured while in the womb as a result of medical negligence, and suffered from brachial sprains, an Erb's Palsy settlement can help you pay for their treatment. This could include therapy, treatment, assistive devices, and surgeries.

Many lawsuits settle outside of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and hospital's attorneys are likely to seek an agreement prior to the trial gets underway.

If you are not able to reach an agreement, erb's palsy law firms the case will be sent to arbitration. This means that an impartial third party will be able to hear both sides and determine who will win the case. This type of hearing is more informal than a court trial, however, it is crucial to present witnesses and other physical evidence.

You will also need copies of all legal documents and witnesses to present at the hearing. You can have witnesses present at the hearing in person, or you can submit their statements through video conference. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas before the hearing. You must also keep the numbers of your witnesses and addresses in the file in case you have to contact them for an upcoming witness.

A complaint to the court

Many children with Erb's Palsy Law Firms (Fwme.Eu) -Pallsy can overcome physical limitations with intensive daily physical therapy. Some may require surgery to repair sprained or separated nerve fibers. However, a large percentage of children don't recover in any significant way and will be forced to live with the handicaps of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to fair compensation.

Your lawyer will collaborate with doctors who specialize in treating this condition to create a lifetime cost of living estimate. This helps determine how much you are entitled to receive from the settlement you received for your erb's palsy lawyer syndrome. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor responsible for the birth of your child had prior experience with similar malpractice cases.

When your lawyer has a clear understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal proceeding since it allows both sides to construct their arguments. It can take up a year to negotiate a settlement.

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer might be able obtain compensation to pay for medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records, witness statements as well expert testimony. Once your attorney has gathered the evidence, they will start a lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants will be given a set amount of time to respond to the suit, and during the discovery phase each side will gather more evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial because it's more cost-effective for all parties involved. However, if your attorney believes they will win in court, they might decide to pursue the case to a verdict by a jury. A successful verdict will give families a sense of justice and raise awareness about how to avoid any future birth injuries. If the verdict you receive is not favorable you may appeal. While this process could take longer but it also increases the amount of the amount you are awarded.