Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could aid you and your family find closure. However, the litigation process is complex and requires expert legal representation.

A successful lawsuit could award your family compensation for child's medical bills as well as future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular situation. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This could speed up the legal process considerably and keep your family from having a judge or jury decide their case. If your family is unable reach an agreement on a settlement then you'll need to go to the court. This can take a long time, however, it could result in a bigger award.

The brachial plexus is a set of nerves that regulate movement in the arm. Forcing the neck, head arms or shoulders during labor and deliveryfor example, when doctors use forceps or vacuum extractors in excess -- can damage these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families seek to make negligent healthcare providers accountable for the harm they cause. They also wish to spread awareness about the birth injury that could have been prevented. In the past, these lawsuits helped families secure a fair settlement in order to ensure their child's future.

Mediation or Arbitration

If your child was injured by a brachial plexus injury during birth due to medical negligence, an Erb's Palsy settlement can help to pay for the care. This can include therapy, surgery, assistive devices and treatment.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's lawyers are likely to seek a settlement before the trial gets underway.

If you are not able to reach an agreement, your case will go to arbitration. This means that an impartial third party will be able to hear both sides and decide who will win 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.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You may either invite your witnesses to the hearing or provide their statements via videoconferencing. You must ensure that all your 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 on file in case you need to contact them for a future witness.

Complaint in Court

Many children suffering from Erb's palsy can overcome physical limitations through intensive daily physical therapy. Some may require surgery to fix torn or separated nerve fibers. However, a substantial proportion of children don't recover in any way and will be left with the handicapping effects of this birth injury for life. Parents who believe their child's erb's palsy lawyer palsy was the result of negligence by a medical professional during the birth process have the right claim fair compensation for their child's injuries.

To determine the value of your case Your lawyer will work with doctors who specialize in treating these conditions to develop a life-long cost-of-living estimate. This determines the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records and determine whether or not the doctor who treated your child's treatment had a previous experience of malpractice.

If your lawyer has a thorough knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase, Erb's palsy which includes exchanging evidence such as expert opinions, depositions, additional medical records and Erb's Palsy more. This is a vital part of the legal process because it allows both sides to develop their arguments. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation to cover medical expenses and future treatment costs such as adaptive devices and physical therapy. You could be awarded damages for emotional trauma or loss of quality of living.

Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records and witness statements as well as expert testimony. Once your lawyer has gathered the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals who provided your child with. The defendants will be given a specific amount of time to reply to the lawsuit. during this discovery phase, both sides will gather additional evidence to prove their claims.

Most lawsuits are settled outside of court instead of going to trial since it's more cost-effective for everyone involved. If your attorney is convinced that they can win the case at trial, they might decide to try to get an appeal to a jury verdict. A successful verdict could give families a sense of justice and raise awareness about how to avoid any future birth injuries. If your verdict isn't favorable you may appeal. While this process could take more time, it can also increase the amount of the amount you are awarded.