Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could aid you and your family members find closure. However, the litigation process is complex and requires expert legal representation.

If you prevail in your lawsuit, your family can receive compensation for medical expenses of your child and future treatment. Learn more about the Erb's palsy litigation process.

The Legal Process

Families file lawsuits against erb's palsy law firm palsy to seek the cost of medical treatment and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily be millions of dollars.

Many of Erb's palsy lawsuits have been resolved outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can drastically cut down on the legal process, and also prevent your family from facing a judge or jury. If your family is unable to come to a deal then you'll need to go to court. This can take a long time, however, it could result in a higher award.

The brachial area is a group of nerves that control movement within the arm. During labor and birth excessive forceful pulling on the neck, head or shoulders or on arms, could result in damage to these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also seek to raise awareness about the birth injury which could have been avoided. In the past the lawsuits have helped families get an equitable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child was injured during the womb as a result of medical negligence and was later diagnosed with brachial palsy, anErb's Settlement for palsy could help you to pay for their medical treatment. This could include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital attorneys will most likely try to reach an agreement before the trial starts.

If you're not able to agree to a settlement the case will go to arbitration. This means that a neutral third party will take in both sides and decide who will win the lawsuit. The hearing may be more informal than a trial, but it is crucial to present witnesses and evidence in the hearing.

You will also need copies of all legal documents and witnesses to appear at the hearing. Witnesses may be required to attend the hearing in person or they can give their testimony through video conference. You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have the addresses of your witnesses and phone numbers on file in case they are required to appear as a witness in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some children may require surgery to repair damaged nerve fibers. A significant number of children will never recover and have to live suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to fair compensation.

To establish the value of your case, your lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor who performed the birth of your child had prior experience with similar malpractice cases.

Once your lawyer has a good understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal case because it allows you to develop your arguments. It could take up to an entire year before you can arrive at a settlement.

Settlement

If your Erb's palsy lawsuit is a success the lawyer may be able to get compensation to cover medical expenses including future treatment costs, 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 require evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has gathered the evidence, Erb's Palsy they will make a claim against the defendants. These are usually the medical professionals who delivered your child. The defendants are then given a specific amount of time to reply. During this discovery phase each side will gather evidence to prove its case.

Most lawsuits settle out of court rather than going to trial, as it's cheaper for all parties involved. However, if your attorney is confident they can win at trial, they may decide to take the case to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice, and also help to raise awareness to prevent these kinds of injuries from happening again in the future. If the verdict isn't favorable you can appeal. This could take a bit longer, but it can raise the amount you receive.