Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family get closure. However, the litigation process is complex and requires skilled legal representation.

If you are successful in your lawsuit, your family can be awarded compensation for the medical bills of your child and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the particular case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This could cut down the legal process by a significant amount and prevent your family from having a judge or jury decide their case. However, if your family is unable to reach the terms of settlement, you'll need to go to trial. This can also take a long time but it could also result in a larger award.

The brachial nerves control the movement of the arm. Forceful pulling on the head, neck, arms, or shoulders during labor and deliverylike when doctors make use of forceps or vacuum extractors excessively -- can harm the nerves and cause Erb's palsy. This condition is usually preventable. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also want to spread awareness about this birth injury which could have been avoided. In the past, these lawsuits have helped families obtain an appropriate financial settlement to support their child's future.

Arbitration or Mediation

If your child suffered an injury to the brachial plexus during birth due to medical negligence, an erb's palsy lawyers Palsy settlement can help to pay for the care. This could include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits settle outside of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court could invalidate a verdict handed down by a jury. Your lawyer and hospital's lawyers will probably try to reach an agreement prior to the trial beginning.

If you are unable to reach an agreement, the case will go 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 present witnesses and other physical evidence.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can choose to witness your witnesses attend the hearing or give testimony via video conferencing. Subpoenas should be sent in advance to all witnesses in order that they are aware of the requirement to be present at the hearing. You must also keep your witnesses' numbers and addresses in the file in case you have to contact them for an upcoming witness.

Complaints in the Court

Many children suffering from Erb's palsy can overcome their physical limitations by daily physical therapy. Some children will require surgery to repair damaged nerve fibers. Many children are never able to recover and must continue to live with the consequences of this birth injury. Parents who believe that their child's Erb's palsy was due to medical negligence during the birth process have the right seek an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors who are experts in treating this condition to create an estimated cost of living for life estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor who performed the birth of your child had previous malpractice cases.

If your lawyer has a good understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase which includes exchanging evidence like expert opinions, depositions, additional medical records, and more. This is a crucial aspect of your legal proceedings because it gives both sides the chance to construct their arguments. Settlements can last up to one year.

Settlement

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

Your lawyer will need evidence to prove that a mistake caused the brachial plexus injury in your child. This could include medical records and witness statements as well as expert testimony. Once your lawyer has gathered this evidence, they'll bring the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants will then be given a specific amount of time in which to respond to the lawsuit. during this process of discovery, both sides will gather more evidence to support their claims.

Most lawsuits are settled out of court instead of going to trial because it's cost-effective for all parties involved. If however, your attorney believes that they can win at trial, they may decide to take the case all the way to an appeals court verdict. A successful verdict will provide families with a sense of justice and raise awareness about how to avoid any future birth injuries. If your verdict is not favorable you may appeal. While this process can take longer but it also can increase the amount of the amount you are awarded.