Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could help you and your family members find closure. However, the litigation process is complicated and requires experienced legal representation.

A successful lawsuit can award your family members compensation for child's medical expenses and future treatment. Find out more about the Erb's Palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon your child's specific case and the extent of their injuries, but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers representing both the plaintiff and defendant will collaborate to reach an acceptable settlement to both parties. This could speed up the legal process dramatically and save your family from having a judge or jury decide the case. If your family is not able to come to a deal then you'll need to go to the court. This can take a considerable amount of time, but it could also result in a bigger amount.

The brachial plexus is a set of nerves that control movement within the arm. During labor and birth excessive forceful pulling of the neck, head or shoulders or on the arms, can cause damage to these nerves, leading to erb's palsy attorneys palsy. The injury is often avoidable. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about the birth injury that could have been avoided. In the past, these lawsuits have helped families get an appropriate financial settlement to get their child's life back on course.

Mediation or Arbitration

If your child was injured by an injury to the brachial area during pregnancy due to medical negligence, an Erb's Palsy settlement can help you to pay for the care. This may include treatment, therapy as well as assistive devices and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a court could reverse a verdict given by a jury. Your lawyer and the hospital's attorneys are likely to try to reach an agreement prior to the trial gets underway.

If you are unable to agree to a settlement, your case will proceed to arbitration. A neutral third party will hear both sides and determine who wins the case. This type of hearing is more informal than a court trial, but it is important to provide witnesses and physical evidence.

You will also require copies of all legal documents and witnesses to present at the hearing. Witnesses may be required to attend the hearing in person or you can provide their statements via video conference. You must ensure that all of your witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. Additionally, you should have your witnesses' addresses and telephone numbers on file in case they are called as a witness in the future.

Complaint in the Court

Many children suffering from the condition Erb's-Palsy can overcome physical limitations through intense physical therapy every day. Some children will need surgery to repair the torn nerve fibers. However, a large percentage of children will not recover in any significant way and will be left with the handicaps of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to fair compensation.

Your lawyer will work with doctors that specialize in treating this condition to create an annual cost of living estimate. This helps determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child’s medical records and determine whether or not the doctor who treated your child had a previous history of malpractice cases.

Once your lawyer has a solid knowledge of the injuries suffered by your child 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 and medical documents, and so on. This is a crucial aspect of your legal proceeding because it gives both sides the chance to construct their arguments. It could take up to one year to reach a settlement.

Settlement

If your Erb's-Pallsy lawsuit is a success your lawyer might be able to obtain compensation to cover medical expenses as well as future treatment costs. adaptive devices, as well as physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will have to gather evidence to prove the negligence that caused your child's brachial plexus injury that could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will start a lawsuit against defendants. These are usually the medical professionals who have delivered your child. The defendants are then given a set time frame to respond. In the discovery phase each side will gather evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial because it's more cost-effective for all parties involved. If your lawyer is confident that they'll win the case at trial and decides to go to the jury for a verdict. A successful verdict in a birth injury lawsuit can give families a sense of justice and can help increase awareness to prevent these kinds of injuries from happening in the future. If your verdict isn't favorable you can appeal. While this process could take longer but it also can increase the amount of compensation you receive.