Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may help you and your family members find closure. However, the litigation process is a bit complicated and requires skilled legal representation.

If you win your lawsuit, your family will be awarded compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on the specific situation of your child and Erb's palsy lawsuit the extent of their injuries, but it could easily reach the thousands of dollars.

Many erb's palsy law firms palsy lawsuits are resolved outside of court. The lawyers for both plaintiff and defendant come together to negotiate an acceptable settlement to both parties. This can shorten the legal process by a significant amount and save your family from having a jury or judge decide the case. If your family is unable to reach a settlement, you will need to go to the court. This can take a lot of time, however it can also result in a larger amount.

The brachial complex is a collection of nerves that regulate movement within the arm. During labor and delivery, excessive forceful pulling of the neck, head, Erb's Palsy Lawsuit or shoulders, or on the arms, can result in damage to these nerves and cause Erb's Palsy. This condition is usually prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness about the birth injury that could have been prevented. In the past, these lawsuits have allowed families to obtain an affordable financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child sustained an injury to the brachial nerve in the womb due to medical negligence, an Erb's palsy settlement could help you pay for his or her care. This may include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys will likely try to reach a settlement prior to when the trial starts.

If you're not able to reach a settlement the case will be taken to arbitration. A neutral third party will listen to both sides and decide who wins the case. This type of hearing is more informal than a court trial, however it is vital to provide witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can have witnesses attend the hearing in person or you can present their testimony through video conference. Subpoenas must be sent in advance to all witnesses so they are aware the requirement to be present at the hearing. Additionally, you should have the addresses of your witnesses and phone numbers on file in case they are called as a witness in the future.

Complaints in the Court

Many children suffering from Erb's Palsy can overcome their physical limitations by intense physical therapy every day. Some children will require surgery to repair damaged nerve fibers. A large number of children do not recover and are forced to live their lives with the consequences of this birth injury. Parents who believe their Erb's palsy in their child was due to negligence in the delivery process have the right seek fair compensation for their child's injuries.

To determine the worth of your case the lawyer will work with doctors who are experts in treating these conditions to develop a lifetime cost-of-living estimate. This will help determine the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also help you get copies of your child's medical records, and also determine whether the doctor who delivered your child's care had a experience of malpractice.

Once your lawyer has a thorough understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will go through the discovery process that involves exchanging evidence such as expert opinions, depositions medical records, and more. This is an essential aspect of your legal defense because it allows you to build your arguments. It can take up to an entire year before you can arrive at a settlement.

Settlement

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

Your lawyer must collect evidence to prove the error that caused your child's brachial plexus injury that could include medical documents, witness statements, and expert testimony. Once your attorney has gathered this evidence, they will bring the lawsuit against the defendants, who are typically the medical professionals who delivered your child. The defendants are then given a set period of time to respond. In this phase of discovery each side will gather evidence to support its claims.

Most lawsuits settle out of court, rather than going to trial, since it's cheaper for all parties involved. If your lawyer believes that they can win in court, they could decide to take the case to a jury verdict. A successful verdict in a birth injury lawsuit can provide families with a sense justice and help raise awareness to prevent these types of injuries from happening again in the future. If your verdict is not in your favor then you may appeal the decision. This process may take longer, but it could increase the amount you receive.