Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family will be awarded compensation for the medical bills of your child as well as future treatment. Read on to learn more about the erb's palsy attorneys palsy lawsuit process.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the particular situation of your child as well as the extent of their injuries, but can easily soar into the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both the plaintiff and the defendant will come together to negotiate an acceptable settlement to both parties. This could speed up the legal process significantly and spare your family from having a judge or jury decide on their case. However, if the family members cannot reach the terms of settlement, you'll need to go to trial. This can take a significant amount of time, but can also result in a larger settlement.

The brachial complex is a collection of nerves that regulate movement within the arm. A forceful pull on the neck, head, arms or shoulders during labor and delivery -for example, when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm the nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about this birth injury which could have been prevented. In the past these lawsuits helped families secure an affordable settlement in order to ensure their child's future.

Mediation or Arbitration

If your child suffered an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's palsy settlement can help you pay for their treatment. This could include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a judge could reverse a verdict given by jurors. Your lawyer and the hospital's attorneys are likely to try to reach a settlement prior to when the trial begins.

If you're not able to reach a settlement your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This type of hearing is more informal than a court case, however it is vital to have witnesses present and physical evidence.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. Witnesses may be required to attend the hearing in person, or you can present their testimony via video conference. You must ensure that all your witnesses are aware that they must attend the hearing by submitting subpoenas before the hearing. Also, keep your witnesses' numbers and addresses on file in case you have to call them as witnesses in the future.

Complaints in the Court

Many children suffering from erb's palsy lawyer palsy can overcome physical limitations with regular physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a large percentage of children do not recover to any measurable degree and will be left with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb's palsy was the result of negligence in the delivery process have the right seek an appropriate amount of compensation for their child's injuries.

To establish the value of your case your lawyer will collaborate with doctors who are experts in treating these ailments to create a cost-of-living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and look into whether or not the doctor who treated your child's diagnosis had a prior record of malpractice cases.

Once your lawyer has identified the injuries of your child then she will file a lawsuit against the defendants. Both sides will undergo the discovery phase, which includes exchanging evidence including expert opinions, depositions, medical records and more. This is an essential part of your legal proceeding as it allows both sides to build their arguments. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to get compensation that covers medical expenses and future costs for treatment including adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer must gather evidence to prove error that caused your child's brachial plexus injury that could include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they'll bring the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are then given a certain period of time to respond. During this discovery phase each side will collect evidence to back up their claims.

Most lawsuits settle out of court, rather than going to trial, because it's cheaper for all parties involved. If your attorney is convinced that they will win the case at trial they may decide to go to an appeal to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and help raise awareness to prevent these kinds of injuries from happening again in the future. If your verdict isn't favorable you may appeal. While this procedure can take more time but it also increases the amount of compensation you receive.