Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family members find closure. However, the litigation process is complex and requires skilled legal representation.

A successful lawsuit may award your family members compensation for child's medical bills and future treatment. Learn more about the Erb's-Palsy lawsuit procedure.

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 awarded in a settlement will depend on the specific situation of your child and the severity of their injuries but can easily soar into the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and the defendant will come together to negotiate a settlement that is acceptable to both parties. This can shorten the legal process considerably and save your family from having a judge or jury decide on their case. However, if the family members are unable to agree on an agreement, you'll have to go to trial. This could take a long time, but it can also potentially result in a higher award.

The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head arms, or shoulders during labor and deliveryfor example, when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. This injury is often prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to spread the word about this birth injury that could have been avoided. In the past, these lawsuits have helped families obtain an affordable financial settlement to support their child's future.

Mediation or Arbitration

If your child sustained an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's settlement could help you pay for his or her treatment. This could include surgery, therapy aidive devices, and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a judge could overturn a verdict awarded by the jury. Your lawyer and hospital attorneys will most likely try to reach an agreement before the trial begins.

If you cannot reach an agreement, the case will go to arbitration. This means that an impartial third party will listen to both sides and Erb's palsy lawsuit determine who will win the lawsuit. This type of hearing is more informal than a court trial but it is essential to present witnesses and other physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You may either have your witnesses attend the hearing or submit their statements using video conferencing. You must ensure that all of your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas before the hearing. Additionally, you must keep your witnesses' addresses and telephone numbers on file in case they are called as a witness in the future.

Complaints in Court

Many children suffering from Erb's Palsy can overcome physical limitations through regular physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a substantial proportion of children will not recover to a significant degree and will be left with the effects of this birth injury for the rest of their life. Parents who believe that their Erb's palsy in their child was the result of negligence in the delivery procedure have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with specialists in treating this condition to create an estimated cost of living for life estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist you get copies of your child’s medical records, and investigate whether or erb's palsy Lawsuit not the doctor who gave you your child's diagnosis had a prior medical malpractice case.

If your lawyer has a clear understanding of the injuries suffered by your child, she will bring a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal case because it allows you to construct your case. Settlements can take as long as one year.

Settlement

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

Your lawyer will require evidence to show that malpractice caused the injury to the brachial nerve in your child. This could include medical records as well as witness statements as well as expert testimony. After your lawyer has collected the evidence, they'll file the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will be given a set amount of time to reply to the lawsuit. during this discovery phase both sides will collect additional evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial since it is cheaper for all parties involved. If your lawyer is confident that they will prevail in court, they could decide to pursue the case all the way to a jury verdict. A successful verdict in a birth injury lawsuit can give families a sense of justice and raise awareness in order to prevent these types of injuries from occurring in the future. If the verdict isn't favorable you can appeal. While this process can take more time however, it could also increase the amount of the compensation you receive.