Erb's Palsy Litigation

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

A successful lawsuit could award your family members compensation for child's medical bills and future treatment. Learn more about the Erb's syndrome lawsuit process.

The Legal Process

The most frequent reason for families to pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries and the particular case. It can easily reach millions of dollars.

Many of the lawsuits involving erb's palsy law firms Psy have been settled without court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process and prevent your family from having to go before an attorney or a jury. If your family is not able to agree on a settlement then you'll need to go to the court. This could take a long time but it could also result in a higher award.

The brachial plexus is a group of nerves which control movement within the arm. When you are pregnant excessive forceful pulling on the neck, head, or shoulders or on the arms could damage these nerves, causing Erb's palsy. This type of injury is usually prevented. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness about this birth injury that could have been avoided. In the past, these lawsuits have helped families get a fair financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child was injured in the womb by medical negligence and was later diagnosed with brachial paralysis, an Erb's settlement for palsy can help pay for their treatment. This could include therapy, treatment aids, assistive devices, as well as surgeries.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and the hospital's attorneys will likely seek an agreement before the trial gets underway.

If you are unable to agree to a settlement the case will go to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. This type of hearing is more informal than a court trial however it is vital to provide witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can invite your witnesses to the hearing or provide their statements through video conferencing. You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas before the hearing. In addition, you must have their addresses and telephone numbers on file in case they are called as a witness in the future.

Complaints in the Court

Many children suffering from Erb's palsy are able to overcome physical limitations by regular physical therapy. Some may require surgery to repair torn or damaged nerve fibers. However, a large percentage of children will not recover to any measurable degree and must live with the handicaps of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's syndrome was the result of medical negligence during the delivery process have the right to claim an appropriate amount of compensation for their child's injuries.

To determine the value of your case the lawyer will work with doctors who specialize in treating these conditions to come up with a lifetime cost-of living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor who performed your child's birth had previous malpractice cases.

When your lawyer is aware of the harms your child has suffered she will bring a lawsuit against the defendants. Both parties will be involved in the discovery phase, which includes exchanging evidence like expert opinions, depositions, additional medical documents and more. This is an essential part of your legal argument because it allows you to develop your arguments. It could take up to an entire year before you can arrive at a settlement.

Settlement

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

Your lawyer will need to gather evidence to prove malpractice that caused the brachial plexus injuries to your child and may include medical records, witness statements and expert testimony. Once your attorney has gathered this evidence, they will make a claim against the defendants, which are typically the medical professionals who gave your child. The defendants will then be given a certain period of time to respond to the lawsuit, and during the discovery phase both sides will gather additional evidence to support their assertions.

Most lawsuits are settled outside of court rather than going to trial since it is more cost-effective for everyone involved. However, if your attorney is confident they can win in court, they could decide to take the case all the way to a verdict by a jury. A successful verdict could bring families a sense that justice has been done and help educate people about how to prevent future birth injuries. If the verdict isn't favorable you may appeal. Although this process may take longer but it also increases the amount of compensation you receive.