erb's palsy attorneys Palsy Litigation

Legal action after your child's brachial-plexus injury may help you and your family find closure. The litigation process can be complicated and requires a skilled lawyer.

A successful lawsuit could award your family members compensation for your child's medical bills and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to get the cost of medical treatment and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific situation. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that pleases both parties. This could speed up the legal process dramatically and spare your family from having a judge or jury decide on their case. If your family is unable to reach a settlement, you will need to go to the court. This can also take a long time, however, it could result in a higher amount.

The brachial nerves control the movement of the arm. Forceful pulling on the neck, head, shoulders or arms during labor and birthfor example, when doctors employ forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. This condition is usually prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to spread awareness about this birth injury which could have been prevented. In the past these lawsuits have helped families obtain a fair financial settlement and get their child's life back on the right track.

Mediation or Arbitration

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

Many lawsuits settle out of court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and hospital's lawyers will most likely seek to negotiate a settlement prior to the trial beginning.

If you are not able to reach an agreement, your case will be taken to arbitration. This means that an impartial third party will hear both sides and determine who will win the lawsuit. This type of hearing is more informal than a court case, but it is essential to present witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. Witnesses are able to present at the hearing in person or they can give their testimony through video conference. Subpoenas need to be sent in advance to all witnesses so that they are aware the requirement to be present at the hearing. In addition, you must have your witnesses' addresses and contact numbers on file in case they are required to appear as a witness in the future.

Complaints in the Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations through regular physical therapy. Some children may require surgery to repair damaged nerve fibers. However, a large percentage of children will not recover to any measurable degree and will have to live with the handicapping effects of this birth injury for life. Parents who believe that their child's Erb's syndrome was the result of medical negligence during the delivery process have the right seek fair compensation for their child's injuries.

To determine the worth of your case the lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This will help determine the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also assist you get copies of your child’s medical records, and look into whether the doctor who performed surgery on your child had a previous record of 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 parties will go through the discovery phase which includes exchanging evidence, including expert opinions, depositions medical records, and more. This is a vital part of your legal proceedings since it allows both sides to build their arguments. It could take up to an entire year to reach a settlement.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer might be able to obtain compensation that covers medical expenses and future costs for treatment including adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well as expert testimony. Once your attorney has gathered this evidence, they'll file the lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants will then be given a certain amount of time in which to respond to the suit, and during this process of discovery both sides will gather additional evidence to support their claims.

Most lawsuits settle out of court, rather than going to trial, because it's cost-effective for all parties involved. If your lawyer believes they will win in court, they might decide to pursue the case all the way to a verdict by a jury. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and raise awareness to prevent these types of injuries from happening in the future. If, however, your verdict is not in your favor You can appeal the decision. This could take a bit longer, but it could increase the amount you receive.