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 can be complicated and requires a skilled lawyer.

If you win your lawsuit, your family will receive compensation for the medical expenses of your child as well as future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason for families to start an Erb's Palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular situation. It could easily be millions of dollars.

Many of Erb's palsy lawsuits have been settled outside of court. The lawyers representing both the plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This can shorten the legal process considerably and spare your family from having a judge or jury decide on their case. However, if the family members are unable to agree on an agreement, you'll have to go to trial. This can also take a long time however, it could result in a higher award.

The brachial complex is a collection of nerves that control movement in the arm. During labor and birth excessive forceful pulling on the head, neck or shoulders, or on the arms can cause nerve damage, resulting in Erb's Palsy. This type of injury is usually preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits have helped families obtain an appropriate financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured in the womb by medical negligence, and suffered from brachial palsy, anErb's Palsy settlement can help you pay for their care. This could include treatment, therapy aids, assistive devices, as well as surgeries.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys are likely to try to reach an agreement before the trial starts.

If you are unable settle your dispute the case will be taken to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the lawsuit. This type of hearing can be more informal than a trial, but it is crucial to present witnesses and evidence for the hearing.

You will also need copies of all legal documents and witnesses to be present at the hearing. Witnesses may be required to present at the hearing in person or they can give their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses so they are aware of the requirement to attend the hearing. Additionally, you must have the addresses of your witnesses and telephone numbers on file in case they are required to appear as a witness in the future.

Complaints in the Court

Many children with Erb's Palsy Law Firms -Pallsy are able to overcome physical limitations by regular physical therapy. Some children require surgery to repair the torn nerve fibers. However, a significant proportion of children don't recover in any significant way and will be left with the limitations of this birth injury for the rest of their lives. 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 collaborate with doctors who are experts in treating these ailments to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and investigate whether the doctor who performed your child's birth had previous malpractice cases.

When your lawyer has a clear knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal proceeding because it gives both sides the chance to construct their arguments. Settlements can take up to one year.

Settlement

If your Erb's Palsy lawsuit 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 may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer must gather evidence to prove negligence that caused the brachial plexus injury to your child 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 who have delivered your child. The defendants are given a specified amount of time to respond to the lawsuit, and during this process of discovery both sides will collect more evidence to support their assertions.

Most lawsuits are settled out of court, rather than going to trial since it is cost-effective for everyone involved. If your attorney is convinced that they can win the case in court it could be decided to pursue it to the jury for a verdict. A successful verdict will give families a sense justice and help spread awareness about ways to avoid future birth injuries. If your verdict isn't favorable, you can appeal. While this process can take more time but it also can increase the amount of compensation you receive.