Erb's Palsy Litigation

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

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

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the particular case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties. This can drastically reduce the legal process and avoid your family from facing the jury or judge. However, if the family members cannot reach the terms of settlement, you'll need to go to trial. This can take a considerable amount of time, but it could also result in a larger settlement.

The brachial plexus is a group of nerves which control movement within the arm. During labor and delivery excessive forceful pulling on the neck, head or shoulders or on arms, could cause damage to these nerves, leading to Erb's Palsy. This injury is often preventable. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness of the birth injury that could have been prevented. In the past the lawsuits have helped families secure an appropriate financial settlement to get their child's life back on path.

Mediation or Arbitration

If your child was injured in the womb because of medical negligence and was later diagnosed with brachial sprains, an Erb's Palsy settlement can help you cover the cost of their treatment. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle out of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a judge might overturn a decision made by a jury. Your lawyer and hospital's attorneys are likely to seek an agreement prior to the trial starts.

If you cannot reach an agreement, your case will be referred to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This 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 appear at the hearing. You can either witness your witnesses attend the hearing or give statements using video conferencing. Subpoenas must be sent in advance to all witnesses so they are aware of the requirement that they attend the hearing. Keep your witnesses' phone numbers and addresses on file, in case you need to contact them as a future witness.

A complaint to the court

Many children suffering from Erb's Palsy can overcome physical limitations with intense daily physical therapy. Some children will require surgery to repair damaged nerve fibers. A large number of children are not able to recover and will have to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

To determine the value of your case the lawyer will work with specialists in treating these conditions to come up with a lifetime cost-of living estimate. This is used to determine how much you're entitled to from your erb's palsy law firms palsy settlement. Your lawyer can also help you get copies of your child's medical records, and look into whether the doctor who performed surgery on your child's care had a medical malpractice case.

Once your lawyer understands the child's injuries, she will make a claim against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal proceeding since 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 may be able get compensation for medical expenses and future costs for treatment which include adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of living.

Your lawyer will need to gather evidence to prove mistake that led to the brachial plexus injuries to your child and may include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, he will make a claim against the defendants. These are usually the medical professionals who have delivered your child. The defendants are then given a certain time frame to respond. In this phase of discovery, each side will gather evidence to support its claims.

Most lawsuits are settled outside of court rather than go to trial because it's cheaper for all parties involved. If your attorney is confident that they'll win the case at trial and decides to pursue it to an appeal to a jury verdict. A successful verdict can give families a sense of justice and help spread awareness about ways to avoid future birth injuries. If the verdict you receive is not favorable you may appeal. The process could take longer, but it can increase the amount you get.