Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family members find closure. The process of litigation can be complicated and requires an experienced lawyer.

If you are successful in your lawsuit, your family may receive compensation for medical expenses of your child as well as future treatment. Find out more about the Erb's Palsy lawsuit procedure.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the specific situation of your child and the severity of their injuries, but it can easily go into the thousands of dollars.

Many erb's palsy law firm palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and defendant collaborate to reach an acceptable settlement to both parties. This can significantly shorten the legal process and save your family from having to go before a judge or jury. However, if your family cannot agree on an agreement, you'll have to go to trial. This can take a considerable amount of time, but can also result in a bigger award.

The brachial nerves control the movement of the arm. Forceful pulling on the head, neck, arms, or shoulders during labor and delivery -for example, when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm these nerves, causing Erb's palsy. This type of injury is usually preventable. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness of this birth injury which could have been prevented. In the past these lawsuits allowed families to obtain an equitable financial settlement and help their child get back on track.

Arbitration or Mediation

If your child was injured in the womb by medical negligence, and suffered from brachial paralysis, an Erb's settlement for palsy can help to pay for their medical treatment. This could include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits are settled outside of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a court could reverse a verdict given by jurors. Your lawyer and hospital's lawyers will most likely try to reach an agreement before the trial begins.

If you are unable to reach an agreement, your case will go to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. The hearing may be more informal than a trial, but it's important to present witnesses and evidence to the hearing.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can attend the hearing in person, or you can present their testimony through video conferencing. Subpoenas must be issued in advance to all witnesses in order they are aware the requirement to be present at the hearing. In addition, you must have the addresses of your witnesses and phone numbers on file in case they are required to appear as witnesses in the future.

Complaints in Court

Many children suffering from Erb's Palsy are able to overcome physical limitations by intense daily physical therapy. Some children will need surgery to repair damaged nerve fibers. A large number of children are never able to recover and must continue to live with the effects of this birth injury. Parents who believe that their child's Erb's paralysis was due to negligence by a medical professional during the birth process are entitled to claim fair compensation for their child's injuries.

Your lawyer will collaborate with doctors who specialize in treating this condition to develop an estimated cost of living for life estimate. This will help you determine the amount of compensation you are entitled to under your Erb's settlement for palsy. Your lawyer can also help you get copies of your child's medical records, and look into whether or not the doctor who delivered your child's care had a history of malpractice cases.

Once your lawyer has identified the child's injuries and the child's injuries, she will start a lawsuit against defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal case because it helps you build your case. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to obtain compensation to cover medical costs and future treatment costs including 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 error that caused your child's brachial plexus injury which could include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they will file a lawsuit against the defendants. These are usually the medical professionals who delivered your child. The defendants will be given a certain amount of time to reply to the suit, and during this process of discovery both sides will gather more evidence to support their assertions.

Most lawsuits are settled outside of court instead of going to trial, as it's more cost-effective for the parties involved. If your lawyer believes they will win in court, they might decide to pursue the case to a jury verdict. A successful verdict in an injury lawsuit for birth can bring families a sense of justice and raise awareness in order to prevent these types of injuries from occurring in the future. If, however, your verdict is not favorable to you then you may appeal the decision. While this procedure can take longer, it can also increase the amount of the compensation you receive.