Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can help bring you and your family closure. However, the litigation process is complicated and requires experienced legal representation.

A successful lawsuit may award your family members compensation for child's medical bills and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other losses. The amount of money offered in a settlement is dependent on the specific situation of your child and the extent of their injuries, but can easily soar into the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This could speed up the legal process considerably and save your family from having a jury or judge decide their case. However, if your family cannot agree on an agreement, you'll have to go to trial. This can take a long time but it can also potentially result in a bigger award.

The brachial nerves control the movement of the arm. Forcing the neck, head, arms or shoulders during labor and deliverysuch as when doctors use forceps or vacuum extractors excessively -- can damage these nerves and cause Erb's palsy. This injury is often prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to create awareness of the birth injury that could have been prevented. In the past, these lawsuits have allowed families to obtain an equitable financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child suffered a brachial plexus injury during the womb as a result of medical negligence, an Erb's settlement can help to pay for the care. This could include therapy, treatment aids, assistive devices, as well as operations.

Many lawsuits settle without court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and hospital's lawyers will likely seek a settlement before the trial begins.

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

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to invite your witnesses to attend the hearing or submit their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses so they are aware of the requirement to be present at the hearing. Additionally, you should have your witnesses' addresses and phone numbers on file in case they are required to appear as witnesses in the future.

Complaints in the Court

Many children with erb's palsy attorneys Palsy can overcome physical limitations through intensive daily physical therapy. Some children will need surgery to repair the torn nerve fibers. A large percentage of children are never able to recover and must continue to live suffering the effects of this birth injury. Parents who believe that their child's Erb's paralysis was the result of negligence in the delivery process have the right claim an appropriate amount of compensation for the injuries suffered by their child.

To establish the value of your case the lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This will help you determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records, and investigate whether the doctor who gave you your child's treatment had a previous experience of malpractice.

Once your lawyer has a solid understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and Erb's Palsy Lawsuits depositions. Additional medical documents are also included. This is an essential part of your legal proceedings because it allows both sides to develop their arguments. Settlements can take up to one year.

Settlement

If your Erb's Palsy lawsuit is a success your lawyer might be able to obtain compensation to pay for Erb's Palsy Lawsuits medical costs, future treatment costs and adaptive devices along with physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will have to gather evidence to prove the negligence 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, he or she will make a claim against the defendants. They are typically the medical professionals that have delivered your child. The defendants will then be given a specified amount of time to respond. In the discovery phase the parties will gather evidence to prove its case.

Most lawsuits settle out of court, rather than go to trial, as it's more cost-effective for the parties involved. If your lawyer is confident that they'll win the case at trial and decides to pursue it to the jury. A successful verdict will give families a sense justice and help spread awareness about ways to avoid future birth injuries. If your verdict is not favorable you can appeal. This procedure could take longer, but it can increase the amount you receive.