Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can help bring your family and you closure. The litigation process can be complex and requires an experienced lawyer.

If you prevail in your lawsuit, your family could receive compensation for medical bills of your child and future treatment. Learn more about the erb's palsy attorneys syndrome lawsuit process.

The Legal Process

The most popular reason families start an Erb's Palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the particular case. It could easily reach millions of dollars.

Many of the Erb's Palsy lawsuits have been settled out of court. The lawyers representing both the plaintiff and the defendant will work together to find a settlement that is acceptable to both parties. This can drastically reduce the legal process and avoid your family from facing an attorney or a jury. However, if the family is unable to reach an agreement, you'll have to go to trial. This can also take a long time but it can also potentially result in a higher award.

The brachial complex is a collection of nerves which control movement within the arm. During labor and delivery excessive forceful pulling on the head, neck or shoulders or on the arms could result in damage to these nerves and cause erb's palsy law firm palsy. This type of injury is usually avoidable. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to raise the word about this birth injury which could have been prevented. In the past these lawsuits helped families secure an equitable settlement in order to ensure their child's future.

Mediation or Arbitration

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

Many lawsuits settle without court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely attempt to negotiate an agreement before the trial gets underway.

If you fail to reach an agreement, the case will be taken to arbitration. This means that a neutral third party will be able to hear both sides and determine who will win the lawsuit. This type of hearing is more informal than a court trial, but it is essential to present witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to be present at the hearing. Witnesses may be required to attend the hearing in person or you can present their testimony through video conferencing. You must ensure that all witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. Additionally, you should have their addresses and contact numbers on file in case they are required to appear as a witness in the future.

Complaints in the Court

Many children who suffer from Erb's Palsy can overcome their physical limitations by regular physical therapy. Some children will need surgery to repair the torn nerve fibers. However, a large percentage of children are not able to recover to a significant degree and must live with the effects of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's syndrome was the result of medical negligence during the delivery process have the right seek fair compensation for the injuries suffered by their child.

To determine the value of your case your lawyer will collaborate with doctors who are experts in treating these ailments to develop a life-long cost-of-living estimate. This determines 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 determine if the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.

Once your lawyer has a solid understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, erb's Palsy lawsuits including expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal case as it allows you to develop your arguments. It could take up to an entire year before you can settle a case.

Settlement

If your Erb's palsy lawsuit is a success, your lawyer might be able obtain compensation to cover medical expenses as well as future treatment costs. adaptive devices along with physical therapy. You could be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial nerve in your child. This could include medical records as well as witness statements as well as expert testimony. After your lawyer has collected this evidence, they'll make a claim against the defendants, who are usually the medical experts who delivered your child. The defendants are then given a set amount of time to reply. During this discovery phase each side will collect evidence to prove its case.

Most lawsuits settle out of court instead of going to trial, as it's cheaper for all parties involved. If however, your attorney believes that they can win at trial, they may decide to pursue the case all the way to the verdict of a jury. A successful verdict could give families a sense of justice and raise awareness about ways to avoid future birth injuries. If the verdict isn't favorable, you can appeal. While this process could take more time but it also increases the amount of the compensation you receive.