Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can bring you and your family closure. The process of suing can be complex and requires an experienced lawyer.

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

The Legal Process

The most popular reason for families to pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries and the specific situation. It could easily reach millions of dollars.

Many of the Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and the defendant will come together to negotiate a settlement that is acceptable to both parties. This can drastically cut down on the legal process, and also prevent your family from having to go before the jury or judge. If your family cannot agree on an agreement, you'll have to go to trial. This can also take a long time but it could also result in a bigger award.

The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling of the head, neck or shoulders or on the arms could result in damage to these nerves and cause Erb's Palsy. In many instances, the injury is preventable. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness of this birth injury that could have been avoided. In the past these lawsuits have helped families receive an appropriate financial settlement to support their child's future.

Mediation or Arbitration

If your child suffered a brachial plexus injury during the womb as a result of medical negligence, an Erb's settlement can help pay for his or her treatment. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a judge could reverse a verdict given by jurors. Your lawyer and the hospital's attorneys will likely try to reach a settlement before the trial gets underway.

If you cannot reach an agreement, the case will be taken to arbitration. This means that a neutral third party will listen to both sides and decide who wins the lawsuit. The hearing may be more informal than a trial, but it's crucial to present witnesses and evidence to the proceedings.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can have your witnesses attend the hearing or present their statements using video conferencing. You must ensure that all of your witnesses are aware they must attend the hearing by submitting subpoenas in advance. Additionally, you must have the addresses of your witnesses and phone numbers in case in case they are required to appear to testify in the future.

A complaint to the court

Many children with Erb's -Pallsy can overcome physical limitations with intense daily physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a substantial proportion of children will not recover to a significant degree and must live with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth 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 ailments to develop a life-long cost-of-living estimate. This will allow you to determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also assist you obtain copies of your child's medical records, and look into whether the doctor who treated your child's care had a history of malpractice cases.

When your lawyer is aware of the injuries suffered by your child and the child's injuries, she will make a claim against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal case because it allows you to build your case. It could take up to an entire year to arrive at a settlement.

Settlement

If your erb's palsy lawsuit palsy suit is successful, your lawyer could be able get compensation that covers medical costs and future treatment costs such as adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer must gather evidence to prove the negligence that caused your child's brachial-plexus injury that could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, he or she will start a lawsuit against defendants. They are typically the medical professionals that provided your child with. The defendants will then be given a set amount of time to respond to the suit, and during the discovery phase, both sides will gather additional evidence to back their assertions.

Most lawsuits are settled out of court, rather than going to trial as it is cost-effective for all parties involved. However, if your attorney believes they will win in court, they might decide to take the case to an appeals court verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice and help raise awareness to prevent these kinds of injuries from happening in the future. If your verdict is not in your favor You can appeal the decision. This could take a bit longer, but can increase the amount you get.