Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial plexus injury can bring your family and you closure. However, the litigation process is complex and requires skilled legal representation.

If you prevail in your lawsuit, your family could receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the particular case 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 defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically reduce the legal process and save your family from having to face jurors or judges. If, however, your family is unable to reach an agreement, you'll have to go to trial. This could take a long time but it could also result in a bigger award.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head arms, or shoulders during labor and delivery -- such as when doctors use forceps or vacuum extractors excessively -- can harm these nerves and cause erb's palsy lawyer palsy. This injury is often prevented. Families seek to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about this birth injury that could have been prevented. In the past these lawsuits have helped families obtain an equitable settlement in order to ensure their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial nerve in the womb due to medical negligence, an erb's palsy law firms palsy settlement can help to pay for the treatment. This could include therapy, treatment, assistive devices, and surgeries.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation faster and prevents the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers are likely to try to reach an agreement prior to the trial begins.

If you are unable settle your dispute the case will be taken to arbitration. A neutral third party will consider both sides and decide who will win the case. This type of hearing can be more informal than a trial, but it's crucial to present witnesses and evidence to the proceedings.

You will also need copies of all legal documents and witnesses to present at the hearing. You may either invite your witnesses to the hearing or present their statements using video conferencing. Subpoenas must be issued in advance to all witnesses in order they are aware the requirement to attend the hearing. Also, keep the numbers of your witnesses and addresses in the file in case you have to contact them as an upcoming witness.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some children will need surgery to repair the torn nerve fibers. Many children will never recover and have to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb's palsy was due to medical negligence during the delivery process have the right to seek fair compensation for the injuries suffered by their child.

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

When your lawyer is aware of the injuries of your child, she will make a claim against the defendants. Both parties will be involved in the discovery phase which includes exchanging evidence, including expert opinions, depositions medical records and more. This is a crucial part of your legal defense because it allows you to develop your arguments. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation for medical costs 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 need evidence to prove that negligence caused the injury to the brachial area in your child. This may include medical records and witness statements as well expert testimony. Once your attorney has gathered the evidence, they will bring the lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants will then be given a specified amount of time to reply. In the discovery phase, each side will gather evidence to support its claims.

Most lawsuits settle out of court, rather than going to trial, as it's cheaper for all parties involved. If your attorney is convinced that they will win the case in court they may decide to take it to the jury. A successful verdict will give families a sense justice and help educate people about how to prevent future birth injuries. If, however, your verdict is not favorable to you it is possible to appeal the decision. This procedure could take longer, but it will increase the amount you are awarded.