Erb's Palsy Litigation

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

If you win your lawsuit, your family could receive compensation for the medical expenses of your child and future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

Families file erb's palsy law firm Palsy lawsuits to obtain the cost of medical treatment and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out 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 significantly and keep your family from having a judge or jury decide their case. If your family is unable to reach an agreement on a settlement then you'll need to go to court. This could take a long amount of time, but it could also result in a larger amount.

The brachial complex is a collection of nerves that control movement within the arm. During labor and delivery excessive forceful pulling on the neck, head, shoulders or on the arms could result in damage to these nerves and cause Erb's palsy. The injury is often prevented. Families file lawsuits to make negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness about this birth injury that could have been prevented. In the past, these lawsuits have allowed families to obtain an equitable financial settlement and help their child get back on track.

Mediation or Arbitration

If your child was injured by an injury to the brachial plexus during birth due to medical negligence, an Erb's Palsy settlement could help you to pay for the care. This may include treatment, therapy devices, assistive devices, and operations.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers will likely seek an agreement prior to the trial begins.

If you cannot reach an agreement, your case will go to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, but it's crucial to present physical evidence and witnesses for the hearing.

You will also need copies of all legal documents and witnesses to be present at the hearing. You may either have your witnesses attend the hearing or present their statements using video conferencing. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. 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.

Complaint in the Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations with regular physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a large percentage of children don't recover in any significant way and will have to live with the handicaps 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 birth process are entitled to a fair amount of compensation.

To determine the worth of your case Your lawyer will work with doctors who are experts in treating these conditions to develop a lifetime cost-of-living estimate. This helps determine how much you're entitled to from your settlement for Erb's Palsy. Your lawyer can also assist you obtain copies of your child’s medical records and determine whether the doctor who performed surgery on your child's treatment had a previous experience of malpractice.

If your lawyer has a clear understanding of the child's injuries then she will make a claim against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of the legal process because it gives both sides the chance to build their arguments. Settlements can take up to one year.

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer could be able to secure compensation to pay for medical costs as well as future treatment costs. adaptive devices in addition to physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need to gather evidence to prove the 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 bring the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants will then be given a specific amount of time in which to respond to the lawsuit, and during this process of discovery both sides will collect additional evidence to prove their claims.

Most lawsuits settle out of court, rather than go to trial because it's more cost-effective for all parties involved. If your attorney is confident that they will win the case at trial it could be decided to try to get the jury. A successful verdict can bring families a sense that justice has been done and raise awareness about how to prevent future birth injuries. If the verdict isn't favorable, you can appeal. While this process could take more time however, it could also increase the amount of the amount you are awarded.