Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can help bring you and Erb's palsy your family closure. However, the litigation process is a bit complicated and requires skilled legal representation.

If you prevail in your lawsuit, your family will be awarded compensation for the medical expenses of your child and future treatment. Read on to learn more about the Erb's syndrome lawsuit procedure.

The Legal Process

Families file lawsuits against Erb's palsy to recover compensation for medical expenses and other expenses. The amount of money offered in a settlement is contingent upon the particular case of your child and the severity of their injuries, however, it can easily rise to the millions of dollars.

Many of the Erb's Palsy lawsuits are settled without court. The lawyers of both the plaintiff and erb's palsy defendant will come together to negotiate a settlement that is acceptable 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 the case. If your family is unable to reach a settlement the family will have to go to court. This could take a long amount of time, however it can also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. Forceful pulling on the head, neck, shoulders or arms during labor and birthsuch as when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. This injury is often preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries they cause. They also want to raise the word about this birth injury which could have been avoided. In the past, these lawsuits have helped families secure an equitable financial settlement and get their child's life back on course.

Arbitration or Mediation

If your child was injured during the womb because of medical negligence, and suffered from brachial paralysis, an Erb's Palsy settlement could help you to pay for their medical treatment. This can include surgeries, therapy aidive devices, and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation faster and eliminates the possibility that a court could invalidate a verdict handed down by jurors. Your lawyer and hospital's attorneys are likely to try to reach a settlement prior to when the trial begins.

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

You will also require copies of all legal documents and witnesses to appear at the hearing. You can either have your witnesses attend the hearing or submit their statements through video conferencing. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas ahead of time. Keep the numbers of your witnesses and addresses in the file in case you have to contact them as a future witness.

Complaint in Court

Many children suffering from Erb's syndrome can overcome physical limitations through intense physical therapy every day. Some children may require surgery to repair the torn nerve fibers. A large percentage 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 palsy is the result of medical malpractice during the birth process are entitled to a fair amount of compensation.

Your lawyer will collaborate with doctors that specialize in treating this condition to develop the lifetime cost of living estimate. This determines the amount you're entitled to from the settlement you received for your erb's palsy law firms syndrome. Your lawyer can also assist you get copies of your child's medical records, and look into whether the doctor who treated your child's diagnosis had a prior medical malpractice case.

Once your lawyer has a good understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal defense because it allows you to develop your arguments. Settlements can last up to one year.

Settlement

If your Erb's-Pallsy lawsuit is a success, your lawyer might be able to get compensation to pay for medical costs including future treatment costs, 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 need evidence to prove that a mistake caused the brachial plexus injury in your child. This could include medical records and witness statements, as well as expert testimony. Once your lawyer has gathered the evidence, they will start a lawsuit against defendants. They are typically the medical professionals who gave your child. The defendants will be given a set period of time to respond to the suit, and during this process of discovery each side will gather additional evidence to prove their claims.

Most lawsuits are settled out of court rather than going to trial, because it's more cost-effective for the parties involved. If your lawyer is confident that they will win the case at trial, they might decide to take it to the jury for a verdict. A successful verdict will bring families a sense that justice has been done and increase awareness of how to avoid any future birth injuries. However, if your verdict is not in your favor, you can appeal the decision. Although this process may take more time but it also increases the amount of the amount you are awarded.