Erb's Palsy Litigation

In the aftermath of your child's brachial-plexus injury can bring your family and you closure. The litigation process can be complicated and requires a skilled lawyer.

A successful lawsuit could award your family members compensation for your child's medical bills and future treatment. Read on to learn more about the Erb's syndrome lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to get reimbursement for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific situation. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and defendant work together to find an acceptable settlement to both parties. This can drastically cut down on the legal process, and also prevent your family from having to appear before a judge or jury. If, however, your family is unable to reach an agreement, you'll have to go to trial. It can take a long time, however, it could result in a higher amount.

The brachial area is a group of nerves that control movement within the arm. During labor and birth excessive forceful pulling of the head, neck or shoulders or on the arms, can damage these nerves, causing Erb's Palsy. This condition is usually avoidable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to create awareness about this birth injury which could have been avoided. In the past these lawsuits allowed families to obtain an appropriate financial settlement to get their child's life back on track.

Arbitration or Mediation

If your child was injured by a brachial plexus injury in the womb due to medical negligence, an Erb's palsy settlement can help you pay for their care. This could include therapy, treatment devices, assistive devices, and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court in the future reversing a jury's verdict. Your lawyer and the hospital attorneys will most likely seek to negotiate a settlement before the trial starts.

If you are unable to reach an agreement, your case will go to arbitration. This means that an impartial third party will take in both sides and determine who will win the case. The hearing may be more informal than a trial, but it's important to present physical evidence and witnesses for the proceedings.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can either invite your witnesses to attend the hearing or submit their statements using video conferencing. You must ensure that all of witnesses are aware that they must attend the hearing by submitting subpoenas before the hearing. You must also keep the numbers of your witnesses and addresses on file in case you need to call them as witnesses in the future.

Complaints in Court

Many children with Erb's -Pallsy can overcome physical limitations through regular physical therapy. Some children will need surgery to repair the torn nerve fibers. A significant number of children do not recover and are forced to live suffering the effects of this birth injury. Parents who believe their child's erb's palsy law firm palsy was the result of medical negligence 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 helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records, and look into whether the doctor who delivered your child had a previous history of malpractice cases.

Once your lawyer understands the injuries of your child then she will file a lawsuit against the defendants. Both sides will undergo the discovery phase which involves exchanging evidence like expert opinions, depositions, additional medical records and more. This is an essential part of your legal proceeding because it gives both sides the chance to construct their arguments. It could take up to an entire year to reach a settlement.

Settlement

If your Erb's palsy suit is successful, your lawyer could be able to get compensation that covers medical expenses and future treatment costs, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and 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, testimony from witnesses as well as expert testimony. After your lawyer has collected the evidence, they will start a lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants are then given a set amount of time to respond. During this discovery phase the parties will gather evidence to back up their claims.

Most lawsuits are settled outside of court rather than go to trial, because it's more cost-effective for the parties involved. If your attorney is convinced that they'll win the case at trial, they might decide to pursue it to the jury. A successful verdict will bring families a sense that justice has been done and help educate people about how to prevent future birth injuries. If, however, your verdict is not in your favor You can appeal the decision. While this procedure can take longer however, it could also increase the amount of compensation you receive.