Erb's Palsy Litigation

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

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

The Legal Process

The most common reason families pursue an Erb's-related lawsuit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on your child's specific case and the severity of their injuries but can easily soar into the thousands of dollars.

Many of Erb's palsy lawsuits have been settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can shorten the legal process dramatically and prevent your family from having a judge or jury decide their case. However, if the family members cannot reach an agreement, you'll have to go to trial. This can also take a long time however, it could result in a higher amount.

The brachial complex is a collection of nerves that control movement within the arm. When you are pregnant, excessive forceful pulling of the neck, head or shoulders or Erb's palsy lawsuit on the arms can result in damage to these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also seek to raise the word about this birth injury which could have been avoided. In the past these lawsuits helped families obtain a fair financial settlement and help their child get back on path.

Arbitration or Mediation

If your child was injured in the womb by medical negligence and has suffered brachial palsy, anErb's settlement for palsy can help pay for their care. This can include surgeries, therapy aidive devices, and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a judge might overturn a decision made by a jury. Your lawyer and the hospital's lawyers will most likely attempt to reach an agreement before the trial starts.

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

You will also need copies of all legal documents and witnesses to appear at the hearing. Witnesses are able to attend the hearing in person or you can present their testimony through video conference. Subpoenas must be issued in advance to all witnesses to ensure they are aware of the requirement to be present at the hearing. Also, keep your witnesses' numbers and addresses on file, in case you need to contact them for a future witness.

A complaint to the court

Many children with Erb's -Pallsy can overcome physical limitations through intensive daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a substantial proportion of children will not recover in any way and will be forced to live with the effects of this birth injury for the rest of their life. Parents who believe their Erb's palsy in their child was the result of negligence in the delivery process have the right claim fair compensation for their child's injuries.

Your lawyer will collaborate with doctors who specialize in treating this condition to develop the lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to through your erb's palsy attorney palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and look into whether the doctor who performed surgery on your child's diagnosis had a prior medical malpractice case.

Once your lawyer understands the child's injuries she will make a claim against the defendants. Both parties will be involved in the discovery phase, which includes exchanging evidence including expert opinions, depositions and medical documents, and so on. This is a crucial part of your legal proceeding as it allows both sides to construct their arguments. Settlements can last for up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer may be able to obtain compensation to cover medical expenses and future treatment costs, including 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 malpractice that caused your child's brachial plexus injury that could include medical documents, Erb's Palsy Lawsuit witness statements, and expert testimony. Once your lawyer has gathered this evidence, they will bring the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants will then be given a specific amount of time to respond to the lawsuit. during the discovery phase, both sides will gather additional evidence to prove their claims.

Most lawsuits settle out of court, rather than going to trial because it's cheaper for all parties involved. If your lawyer is confident that they will prevail in court, they could decide to take the case all the way to a jury verdict. A successful verdict could give families a sense of justice and help educate people about ways to avoid future birth injuries. If, however, your verdict is not favorable to you it is possible to appeal the decision. This process may take longer, but can increase the amount you get.