Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family could receive compensation for medical expenses of your child and future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

Families file Erb's-Palsy lawsuits to get the cost of medical treatment and other losses. The amount of money offered in a settlement depends on the specific situation of your child and the severity of their injuries but it can easily go into the thousands of dollars.

Many of the Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can significantly speed up the legal process, and also prevent your family from having to appear before an attorney or a jury. If your family is not able to agree on a settlement, you will need to go to the court. This can take a considerable amount of time, but could also result in a larger award.

The brachial nerves regulate the movement of the arm. During labor and birth excessive forceful pulling on the head, neck or shoulders, or on arms, could result in damage to these nerves and cause Erb's palsy. This condition is usually preventable. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of the birth injury that could have been prevented. In the past these lawsuits have helped families receive a fair financial settlement that helped their child's future.

Mediation or Arbitration

If your child suffered an injury to the brachial area during birth due to medical negligence, an powell Erb's Palsy Lawyer settlement could help you to pay for the care. This can include surgeries, therapy, assistive devices and treatment.

Many lawsuits settle without court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's attorneys will likely seek to negotiate a settlement prior to the trial beginning.

If you're unable to settle your dispute your case will be sent to arbitration. This means that a neutral third party will hear both sides and determine who wins the lawsuit. This kind of hearing could be more informal than a trial, but it's important to present witnesses and evidence for the hearing.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to invite your witnesses to the hearing or provide their testimony via video conferencing. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. Additionally, you must have the addresses of your witnesses and phone numbers on file in case they're called to testify in the future.

Complaints in Court

Many children suffering from Erb's Palsy can overcome physical limitations with daily physical therapy. Some children require surgery to repair the torn nerve fibers. However, a substantial proportion of children do not recover to any measurable degree and will be left with the effects of this birth injury for life. Parents who believe their child's Erb's palsy was the result of negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for their child's injuries.

To determine the worth of your case Your lawyer will work with doctors who are experts in treating these conditions to develop a lifetime cost-of-living estimate. This is used to determine how much you're entitled to from the settlement you received for your erb's palsy law firm syndrome. Your lawyer will also help you get copies of your child's medical records and investigate whether the doctor involved in your child's birth had a history of similar malpractice cases.

Once your lawyer has identified the injuries suffered by your child, she will bring a lawsuit against the defendants. Both sides will be involved in the discovery phase, which includes exchanging evidence, including expert opinions, depositions, medical documents and more. This is a crucial part of your legal proceedings because it gives both sides the chance to build their arguments. It can take as long as one year to settle a case.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer might be able get compensation for Powell Erb's Palsy Lawyer medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need to gather evidence to prove mistake that led to your child's brachial-plexus injury that could include medical documents, witness statements, and expert testimony. After your lawyer has collected the evidence, they'll file the lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants are then given a certain amount of time to reply. In this discovery phase each side will gather evidence to support its claims.

Most lawsuits are settled out of court instead of going to trial due to the fact that it's more cost-effective for all parties involved. However, if your attorney believes that they can win in court, they could decide to pursue the case all the way to an appeals court verdict. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice and raise awareness to prevent these types of injuries from happening in the future. If your verdict isn't favorable, you can appeal. This process may take longer, but can increase the amount you receive.