Erb's Palsy Litigation

In the aftermath of your child's brachial-plexus injury can bring you and Erb's Palsy Lawsuit your family closure. However, the litigation process is complicated and requires experienced legal representation.

If you win your lawsuit, your family will be awarded compensation for the medical bills of your child and future treatment. Learn more about the Erb's-Palsy lawsuit procedure.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded depends 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 law firms palsy lawsuits are settled out of court. The lawyers for both plaintiff and the defendant will collaborate to negotiate an acceptable settlement to both parties. This can speed up the legal process by a significant amount and save your family from having a judge or jury decide on their case. If your family cannot agree on the terms of settlement, you'll need to go to trial. This can take a lot of time, but can also result in a larger amount.

The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling on the neck, Erb's palsy lawsuit head or shoulders, or on the arms could cause damage to these nerves, leading to Erb's palsy. This type of injury is usually prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to spread awareness about this birth injury that could have been prevented. In the past, these lawsuits helped families secure a fair financial settlement to help their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's Palsy settlement can help pay for his or her treatment. This could include therapy, treatment, assistive devices, and surgeries.

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 hospital's lawyers will most likely seek to negotiate a settlement before the trial gets underway.

If you fail to reach an agreement, your case will go to arbitration. This means that a neutral third party will hear both sides and decide who will win the lawsuit. This type of hearing can be more informal than a trial, but it is crucial to present witnesses and evidence for the proceedings.

You will also require copies of all legal documents as well as witnesses to present at the hearing. You may either invite your witnesses to the hearing or give statements via videoconferencing. You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. You must also keep the numbers of your witnesses and addresses on file, in case you need to contact them for a future witness.

Complaints in Court

Many children with Erb's Palsy can overcome physical limitations with regular physical therapy. Some children will need surgery to repair torn nerve fibers. However, a substantial proportion of children do not recover in any way and will be left with the handicaps of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to fair compensation.

Your lawyer will work with doctors who specialize in treating this condition to create an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor responsible for your child's birth had a history of similar malpractice cases.

When your lawyer has a good knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will undergo the discovery phase which involves exchanging evidence, including expert opinions, depositions, medical records, and more. This is a crucial aspect of your legal proceedings because it allows both sides to construct their arguments. Settlements can take up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to secure compensation that covers medical expenses and future costs for treatment including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records as well as testimony from witnesses as well as expert testimony. Once your lawyer has gathered the evidence, they will start a lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants are then given a specific time frame to respond. In the discovery phase the parties will gather evidence to support its claims.

Most lawsuits settle out of court rather than go to trial, since it's cost-effective for all parties involved. If your lawyer is confident that they'll win the case in court, they might decide to take it to the jury for a verdict. A successful verdict in an injury lawsuit for birth can give families a sense justice and can help increase awareness and prevent these types of injuries from happening again in the future. However, if your verdict is not in your favor then you may appeal the decision. This procedure could take longer, but it will increase the amount you receive.