Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial injury can bring you and your family closure. However, the process of litigation is complicated and requires experienced legal representation.

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

The Legal Process

Families file erb's palsy law firm Palsy lawsuits to obtain compensation for medical costs and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the specific case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can speed up the legal process by a significant amount and spare your family from having a judge or jury decide on their case. If your family is not able to reach an agreement on a settlement the family will have to go to court. It can take a long time, but it can also potentially result in a higher award.

The brachial nerves regulate the movement of the arm. Forcing the head, neck, shoulders or arms during labor and delivery -such as when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to create awareness about this birth injury that could have been avoided. In the past, these lawsuits have helped families receive an appropriate financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured while in the womb by medical negligence and has suffered brachial paralysis, an Erb's settlement for palsy can help pay for their treatment. This could include therapy, treatment aids, assistive devices, as well as procedures.

Many lawsuits are settled outside of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and the hospital's lawyers will likely seek an agreement prior to the trial gets underway.

If you are unable settle your dispute, your case will proceed to arbitration. A neutral third party will listen to both sides and determine who wins the case. This hearing is more informal than a court trial, however it is vital to provide witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You may either invite your witnesses to attend the hearing or Erb's palsy lawsuits provide their statements via videoconferencing. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. You should also keep the numbers of your witnesses and addresses in the file in case you need to contact them as an upcoming witness.

Complaints in Court

Many children who suffer from Erb's Palsy can overcome physical limitations through intense physical therapy every day. Some may require surgery to repair torn or separated nerve fibers. Many children are never able to recover and must continue to live their lives with the effects of this birth injury. Parents who believe that their child's Erb's palsy was due to negligence by a medical professional during the birth process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create the lifetime cost of living estimate. This determines the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also assist you get copies of your child's medical records, and investigate whether or not the doctor who treated your child's diagnosis had a prior record of malpractice cases.

When your lawyer has a good knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties 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 defense because it allows you to develop your arguments. Settlements can take up to one year.

Settlement

If your lawsuit for Erb's palsy is successful, erb's palsy Lawsuits your lawyer might be able get compensation for medical expenses and future costs for treatment such as adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove error that caused the brachial plexus injury to your child and may include medical records, witness statements and expert testimony. After your lawyer has gathered this 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 specific amount of time to reply to the lawsuit, and during the discovery phase, both sides will gather additional evidence to support their assertions.

Most lawsuits settle out of court rather than going to trial, because it's more cost-effective for the parties involved. If your attorney is confident that they can win the case in court it could be decided to pursue it to the jury for a verdict. A successful verdict will give families a sense of justice and raise awareness about how to avoid any future birth injuries. If, however, your verdict is not favorable to you it is possible to appeal the decision. Although this process may take longer however, it could also increase the amount of compensation you receive.