Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family could receive compensation for medical expenses of your child and future treatment. Find out more about the Erb's palsy lawsuit procedure.

The Legal Process

The most popular reason for families to file an erb's palsy law firm palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon the specific situation of your child and the extent of their injuries, but it could easily reach the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This can shorten the legal process significantly and palsy spare your family from having a judge or jury decide their case. If your family is not able to reach an agreement on a settlement and you are unable to reach a settlement, you must appear in the court. This can take a long time however, it could result in a larger award.

The brachial nerves regulate the movement of the arm. The forceful pulling of the neck, head, arms or shoulders during labor and birthlike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves, causing Erb's palsy. This condition is usually preventable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness about this birth injury which could have been prevented. In the past these lawsuits have helped families obtain an appropriate settlement in order to ensure their child's future.

Mediation or Arbitration

If your child suffered an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's palsy settlement could help you pay for their treatment. This can include surgery, therapy as well as assistive devices and treatments.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a judge could reverse a verdict given by a jury. Your lawyer and hospital's lawyers will likely try to reach an agreement before the trial starts.

If you cannot reach an agreement, the case will be referred to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. The hearing may be more informal than a trial, but it's important to present witnesses and evidence for the hearing.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can choose to invite your witnesses to attend the hearing or present their statements through video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware the requirement to be present at the hearing. Additionally, you should have the addresses of your witnesses and telephone numbers on file in case they are called as a witness in the future.

A complaint to the court

Many children suffering from Erb's palsy can overcome physical limitations through daily physical therapy. Some children will need surgery to repair torn nerve fibers. A significant number of children are not able to recover and will have to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb's palsy was due to medical negligence during the delivery process have the right to claim fair compensation for the injuries suffered by their child.

To determine the worth of your case Your lawyer will work with specialists in treating these conditions to create a cost-of-living estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of your child’s medical records, and also determine whether the doctor who gave you your child's care had a history of malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal argument because it helps you build your arguments. It can take up to a year to reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may 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 and 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 as well as witness statements, as well as expert testimony. Once your lawyer has gathered the evidence, they will bring the lawsuit against the defendants, who are usually the medical professionals who gave 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 are settled out of court, rather than going to trial as it's more cost-effective for all parties involved. If your lawyer is confident that they can win the case in court, they might decide to try to get an appeal to a jury verdict. A successful verdict will bring families a sense that justice has been done and help spread awareness about how to avoid any future birth injuries. If the verdict you receive is not favorable you may appeal. While this process could take more time but it also can increase the amount of the compensation you receive.