Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family may receive compensation for the medical expenses of your child as well as future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

The most popular reason families pursue an erb's palsy attorneys-related lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded in a settlement depends on the particular case of your child and the severity of their injuries, however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically cut down on the legal process and avoid your family from facing a judge or Erb's palsy law Firms jury. However, if your family members cannot reach an agreement, you'll have to go to trial. This can also take a long time however, it could result in a bigger award.

The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head, shoulders or arms during labor and delivery -- such as when doctors employ forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's Palsy Law Firms palsy. This condition is usually avoidable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise the word about this birth injury which could have been prevented. In the past, these lawsuits have helped families receive an affordable settlement in order to ensure their child's future.

Mediation or Arbitration

If your child has suffered an injury to the brachial area in the womb due to medical negligence, an Erb's Palsy settlement could help you to pay for the treatment. This could include treatment, therapy as well as assistive devices and surgeries.

Many lawsuits settle without court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a court overturning a jury verdict. Your lawyer and the hospital's lawyers will probably seek to negotiate a settlement before the trial gets underway.

If you fail to reach an agreement, the case will be referred to arbitration. This means that a neutral third party will listen to both sides and determine who will win the lawsuit. This type of hearing is more informal than a court case, but it is important to present witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to present at the hearing in person, or you can present their testimony through video conferencing. Subpoenas must be issued in advance to all witnesses so that they are aware of the requirement to be present at the hearing. Keep the numbers of your witnesses and addresses on file, in case you have to contact them as witnesses in the future.

A complaint to the court

Many children suffering from Erb's syndrome can overcome their physical limitations by regular physical therapy. Some children require surgery to repair the torn nerve fibers. A significant number of children do not recover and are forced to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with specialists in treating this condition to create the lifetime cost of living estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer will also help you get copies of your child's medical records and determine if the doctor involved in the birth of your child had prior experience with similar malpractice cases.

When your lawyer is aware of the injuries suffered by your child and the child's injuries, she will bring a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal case because it allows you to develop your arguments. Settlements can take up to one year.

Settlement

If your erb's palsy lawyer palsy suit is successful, your lawyer may be able to obtain compensation to cover medical costs and future treatment costs such as adaptive devices and physical therapy. You could be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial area in your child. This could include medical records, witness statements as well expert testimony. Once your lawyer has collected the evidence, they will bring a lawsuit against the defendants. They are typically the medical professionals who provided your child with. The defendants are then given a specific time frame to respond. In the discovery phase the parties will gather evidence to back up their claims.

Most lawsuits are settled out of court instead of going to trial because it is cheaper for Erb's palsy law firms everyone involved. If your attorney is confident that they'll win the case at trial it could be decided to try to get an appeal to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense justice and help raise awareness to prevent these types of injuries from occurring in the future. If the verdict isn't favorable, you can appeal. This procedure could take longer, but it will increase the amount you get.