Erb's Palsy Litigation

The legal process in the aftermath of your child's plexus brachial injury can bring your family and you closure. The litigation process can be complicated and requires a skilled lawyer.

If you win your lawsuit, your family could be awarded compensation for the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's-Palsy lawsuit procedure.

The Legal Process

Families file Erb's Psy lawsuits to recover reimbursement for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the specific situation of your child and the extent of their injuries, but can easily soar into the millions of dollars.

Many of Erb's palsy lawsuits have been resolved outside of court. Lawyers for the plaintiff and defendant work together to reach an agreement that pleases both parties. This can shorten the legal process considerably and prevent your family from having a jury or judge decide on their case. However, if the family cannot agree on the terms of settlement, you'll need to go to trial. This can take a considerable amount of time, however it can also result in a larger amount.

The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling on the head, neck or shoulders or on arms, could cause damage to these nerves, leading to Erb's palsy. This type of injury is usually avoidable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to create awareness of this birth injury which could have been avoided. In the past, erb's palsy law firms these lawsuits have helped families obtain an affordable financial settlement to support their child's future.

Arbitration or Mediation

If your child suffered an injury to the brachial plexus in the womb due to medical negligence, an Erb's Palsy law firms Palsy settlement could help you pay for his or her care. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle outside of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will likely seek an agreement prior to the trial gets underway.

If you are not able to reach an agreement, the case will go to arbitration. This means that an impartial third party will listen to both sides and determine who will win the lawsuit. This type of hearing can be more informal than a trial, however it is important to provide witnesses and evidence for the hearing.

You will also need copies of all legal documents and witnesses to appear at the hearing. Witnesses can attend the hearing in person, or you can submit their statements via video conference. Subpoenas must be issued in advance to all witnesses so they are aware the requirement that they attend the hearing. In addition, you must have the addresses of your witnesses and contact numbers on file in the event that they are needed to testify in the future.

Complaints in Court

Many children suffering from Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some may require surgery to repair damaged or separated nerve fibers. However, a substantial proportion of children do not recover in any significant way and will be left with the effects of this birth injury for life. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair amount of compensation.

To determine the worth of your case your lawyer will collaborate with doctors who specialize in treating these conditions to create a cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer will also help you get copies of the medical records for your child and determine if the doctor involved in your child's birth had a history of similar malpractice cases.

When your lawyer is aware of the injuries suffered by your child she will file a lawsuit against the defendants. Both sides will go through the discovery phase which includes exchanging evidence such as expert opinions, depositions medical documents and more. This is an essential part of your legal case as it allows you to develop your case. Settlements can last for up to one year.

Settlement

If your erb's palsy lawyer palsy suit is successful, your lawyer may be able to get compensation for medical expenses and future treatment costs which include adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to gather evidence to prove the mistake that led to your child's brachial-plexus injury, which could include medical documents, witness statements and expert testimony. Once your lawyer has collected the evidence, he will start a lawsuit against defendants. These are usually the medical professionals that have delivered your child. The defendants will then be given a specified period of time to respond to the lawsuit, and during this discovery stage, both sides will gather additional evidence to back their assertions.

Most lawsuits are settled outside of court rather than going to trial because it's cost-effective for all parties involved. If however, your attorney believes they will win in court, they could choose to take the case all the way to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice and can help increase awareness to prevent these kinds of injuries from occurring in the future. However, if the verdict is not in your favor then you may appeal the decision. This could take a bit longer, but it could increase the amount you receive.