Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial plexus injury can help bring you and your family closure. The process of litigation is complex and requires an experienced lawyer.

If you prevail in your lawsuit, your family can be awarded compensation for [Redirect Only] the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's syndrome lawsuit process.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the particular situation. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can drastically reduce the legal process and save your family from facing a judge or jury. If your family cannot agree on a settlement you will have to go to trial. It can take a long time but it could also result in a bigger award.

The brachial complex is a collection of nerves that regulate movement within the arm. During labor and birth, excessive forceful pulling of the head, neck or shoulders or on the arms, can cause damage to these nerves, leading to Erb's Palsy. The injury is often avoidable. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness of this birth injury which could have been prevented. In the past the lawsuits have allowed families to obtain an equitable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child sustained an injury to the brachial plexus during birth due to medical negligence, an Erb's Palsy settlement can help you pay for his or her care. This could include therapy, treatment aids, assistive devices, as well as surgeries.

Many lawsuits settle outside of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement before the trial begins.

If you cannot reach an agreement, your case will be referred to arbitration. This means that an impartial third party will take in both sides and determine who will win the case. This hearing is more informal than a court trial however it is vital to have witnesses present and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to attend the hearing in person or they can give their testimony via video conferencing. Subpoenas must be sent in advance to all witnesses so they are aware the requirement to be present at the hearing. You should also keep your witnesses' phone numbers and addresses in the file in case you need to contact them for a future witness.

Complaints in the Court

Many children who suffer from the condition erb's palsy lawyer-Palsy can overcome their physical limitations by intense physical therapy every day. Some may require surgery to repair torn or damaged nerve fibers. A large 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 negligence during the delivery process are entitled to fair compensation.

Your lawyer will work with doctors that specialize in treating this condition to produce an annual cost of living estimate. This helps determine how much you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer will also help you obtain copies of your child's medical records and determine if the doctor responsible for the birth of your child had previous malpractice cases.

If your lawyer has a good knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal proceeding because it allows both sides to present their case. It could take up to an entire year to arrive at a settlement.

Settlement

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

Your lawyer will require evidence to prove that malpractice caused the brachial plexus injury in your child. This may include medical records and witness statements, as well as expert testimony. After your lawyer has gathered the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals who delivered your child. The defendants will be given a certain amount of time to respond to the suit, and during this discovery phase, both sides will gather additional evidence to back their claims.

Most lawsuits are settled outside of court, rather than going to trial as it is cheaper for all parties involved. If your lawyer is confident they can win in court, they might choose to take the case to a jury verdict. A successful verdict can give families a sense of justice and raise awareness about how to avoid any future birth injuries. If the verdict isn't favorable you can appeal. While this process could take longer, it can also increase the amount of the compensation you receive.