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Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial injury can bring you and your family closure. However, the litigation process is complex and requires skilled legal representation.

A successful lawsuit could grant your family members compensation for child's medical expenses and future treatment. Find out more about the erb's palsy lawyers palsy lawsuit procedure.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded in a settlement will depend on the specific situation of your child and the extent of their injuries, but can easily soar into the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers of both the plaintiff and the defendant will work together to find a settlement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from facing jurors or judges. If your family is unable reach an agreement on a settlement the family will have to go to the court. This can take a considerable amount of time, but it could also result in a bigger award.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head arms, or shoulders during labor and birthfor example, when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness about the birth injury which could have been prevented. In the past, these lawsuits have helped families obtain a fair settlement in order to ensure their child's future.

Mediation or Arbitration

If your child was injured while in the womb as a result of medical negligence and has suffered brachial palsy, anErb's Palsy settlement could help you to pay for their medical treatment. This may include therapy, treatment devices, assistive devices, and operations.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will most likely try to come to an agreement before the trial gets underway.

If you are unable to settle your dispute, your case will proceed to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence in the proceedings.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. Witnesses can present at the hearing in person or you can present their testimony through video conference. Subpoenas should be sent in advance to all witnesses in order that they are aware of the requirement to attend the hearing. Additionally, you should keep your witnesses' addresses and telephone numbers on file in case they are called as a witness in the future.

Complaint to the Court

Many children who suffer from Erb's palsy can overcome physical limitations through regular physical therapy. Some will require surgery to fix torn or damaged nerve fibers. A large percentage of children are not able to recover and will have to live suffering from the effects of this birth injury. Parents who believe that their child's Erb's palsy was the result of medical negligence during the delivery process have the right claim an appropriate amount of compensation for the injuries suffered by their child.

To determine the worth of your case your lawyer will collaborate with doctors who specialize in treating these conditions to develop a lifetime cost-of-living estimate. This determines the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer will also help you get copies of the medical records for your child and investigate whether the doctor responsible for the birth of your child had previous malpractice cases.

Once your lawyer understands the injuries suffered by your child, she will make a claim against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal case as it allows you to build your case. Settlements can take up to one year.

Settlement

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

Your lawyer will need to collect evidence to prove the malpractice that caused the brachial plexus injuries to your child which could include medical records, witness statements, and expert testimony. After your lawyer has gathered this evidence, they'll make a claim against the defendants, who are typically the medical experts who delivered your child. The defendants are then given a certain period of time to respond. In this discovery phase each side will collect evidence to support its claims.

Most lawsuits are settled out of court rather than going to trial as it's more cost-effective for everyone involved. If your attorney is confident that they will prevail in the case in court they may decide to take it to the jury. A successful verdict in a birth injury lawsuit could give families a sense of justice and raise awareness and prevent these types of injuries from happening in the future. If the verdict isn't favorable you may appeal. This process may take longer, but it will increase the amount you receive.