Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could help you and your family to find closure. The process of litigation can be complex and requires an experienced lawyer.

If you win your lawsuit, your family will receive compensation for medical bills of your child as well as future treatment. Find out more about Erb's palsy litigation procedure.

The Legal Process

Families file erb's palsy lawyer Psy lawsuits to obtain the cost of medical treatment and other losses. The amount of money awarded in a settlement will depend on the particular case of your child and the severity of their injuries but can easily soar into the thousands of dollars.

Many cases involving erb's palsy law firm palsy have been settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly speed up the legal process and avoid your family from having to go before the jury or judge. If your family cannot agree on a settlement you will have to go to trial. This can take a significant amount of time, but it could also result in a bigger amount.

The brachial nerves control the movement of the arm. Forcing the neck, head shoulders or arms during labor and delivery- such as when doctors use forceps or vacuum extractors in excess -- can damage these nerves and cause Erb's palsy. This type of injury is usually prevented. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also wish to raise awareness about this birth injury which could have been avoided. In the past the lawsuits have helped families get a fair financial settlement and get their child's life back on path.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence and was later diagnosed with brachial paralysis, an Erb's Settlement for palsy could help you to pay for their medical treatment. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and the hospital's lawyers will likely attempt to reach an agreement before the trial begins.

If you are not able to reach an agreement, the case will be taken to arbitration. A neutral third party will consider both sides and determine who wins the case. The hearing may be more informal than a trial, but it's important to present witnesses and evidence in the hearing.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. You can choose to have your witnesses attend the hearing or give statements via videoconferencing. Subpoenas should be sent in advance to all witnesses to ensure that they are aware the requirement to attend the hearing. Also, keep your witnesses' phone numbers and addresses on file in case you need to call them as an upcoming witness.

Complaint to the Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations through intensive daily physical therapy. Some children will need surgery to repair damaged nerve fibers. However, a large percentage of children don't recover to a significant degree and will have to live with the handicaps of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

To determine the worth of your case, your lawyer will work with specialists in treating these conditions to develop a life-long cost-of-living estimate. This determines the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also help you get copies of your child's medical records and investigate whether the doctor who was involved in the birth of your child had previous malpractice cases.

When your lawyer has a clear understanding of your child's injuries then she will file your lawsuit against the defendants. Both parties will be involved in the discovery phase which includes exchanging evidence such as expert opinions, depositions, additional medical records and more. This is an essential part of the legal process as it allows both sides to build their arguments. It could take up to an entire year to settle a case.

Settlement

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

Your lawyer must 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 typically the medical professionals who gave your child. The defendants will be given a certain amount of time to reply to the suit, and during this discovery phase, both sides will gather additional evidence to prove their claims.

Most lawsuits are settled outside of court instead of going to trial as it is cheaper for all parties involved. If your lawyer believes that they can win in court, they might choose to take the case all the way to a jury verdict. A successful verdict could bring families a sense that justice has been done and help spread awareness about how to avoid any future birth injuries. However, if your verdict is not in your favor, you can appeal the decision. This procedure could take longer, but it can increase the amount you get.