Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family to find closure. The litigation process can be complex and requires an experienced lawyer.

A successful lawsuit can award your family compensation for child's medical bills and future treatment. Learn more about the erb's palsy lawyers palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to get the cost of medical treatment and other expenses. The amount of money awarded in a settlement will depend on the particular situation of your child as well as the severity of their injuries, however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that pleases both parties. This could speed up the legal process dramatically and spare your family from having a judge or jury decide on their case. However, if your family cannot agree on an agreement, you'll have to go to trial. This can take a long time, but it can also potentially result in a higher award.

The brachial complex is a collection of nerves that control movement within the arm. A forceful pull on the head, neck, arms, or shoulders during labor and deliverylike when doctors use forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness about this birth injury that could have been prevented. In the past these lawsuits have helped families obtain an equitable financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child suffered a brachial plexus injury during pregnancy due to medical negligence, an erb's palsy lawyers settlement can help you pay for their treatment. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits settle without court. This means that plaintiffs can receive compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and hospital's attorneys will likely try to reach an agreement before the trial begins.

If you are not able to reach an agreement, your case will go to arbitration. This means that an impartial third party will listen to both sides and decide who wins the case. This type of hearing is more informal than a court trial, but it is important to present witnesses and other physical evidence.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. You can either invite your witnesses to attend the hearing or present their testimony via video conferencing. You must ensure that all your witnesses are aware they will be required to appear at the hearing by submitting subpoenas prior to the hearing. Additionally, you should have their addresses and telephone numbers on file in the event that they are needed to testify in the future.

A complaint to the court

Many children suffering from the condition Erb's-Palsy can overcome physical limitations through daily physical therapy. Some children will need surgery to repair torn nerve fibers. However, a substantial proportion of children don't recover to any measurable degree and must live with the limitations of this birth injury for life. Parents who believe that their child's Erb's paralysis was the result of 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 that specialize in treating this condition to produce an estimated cost of living for life estimate. This is used to determine how much you're entitled to from your settlement for Erb's Palsy. Your lawyer can also help to obtain copies of your child’s medical records and determine whether or not the doctor who delivered your child's treatment had a previous medical malpractice case.

If your lawyer has a clear understanding of the injuries suffered by your child and the child's injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery process which includes exchanging evidence, including expert opinions, depositions and medical documents and more. This is an essential part of your legal action since it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

If your Erb's palsy lawsuit is successful your lawyer might be able obtain compensation to pay for medical costs as well as future treatment costs. adaptive devices along with physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial area in your child. This could include medical records, witness statements, as well as expert testimony. After your lawyer has collected 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 certain period of time to respond to the lawsuit, and during this discovery phase each side will gather additional evidence to prove their assertions.

Most lawsuits are settled outside of court rather than going to trial, because it's cheaper for all parties involved. If your lawyer is confident that they will win the case at trial and decides to go to the jury. A successful verdict in a birth injury lawsuit can provide families with a sense justice and can help increase awareness to prevent these kinds of injuries from happening in the future. If your verdict is not in your favor, you can appeal the decision. While this process could take more time, it can also increase the amount of compensation you receive.