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Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial injury can bring you and your family closure. However, the litigation process is complex and requires expert legal representation.

A successful lawsuit could award your family members compensation for child's medical bills and future treatment. Learn more about the Erb's palsy litigation procedure.

The Legal Process

Families file Erb's Palsy lawsuits to recover reimbursement for medical expenses and other expenses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and defendant will work together to find an agreement that is acceptable to both parties. This can drastically cut down on the legal process and Erb's palsy lawsuits prevent your family from having to face an attorney or a jury. If your family cannot agree on the terms of settlement, you'll need to go to trial. This can take a lot of time, but could also result in a larger award.

The brachial plexus is a group of nerves that regulate movement in the arm. Forceful pulling on the neck, head arms, or shoulders during labor and deliveryfor example, when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage the nerves and cause Erb's palsy. This injury is often avoidable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness of this birth injury that could have been prevented. In the past the lawsuits have helped families obtain a fair financial settlement and help their child get back on path.

Mediation or Arbitration

If your child was injured during the womb as a result of medical negligence and suffered brachial sprains, an Erb's Palsy settlement could help you pay for their treatment. This could include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court might overturn a decision made by jurors. Your lawyer and hospital's lawyers will likely seek an agreement before the trial starts.

If you are unable to reach an agreement, your case will go to arbitration. This means that an impartial third party will listen to both sides and determine who wins the case. This kind of hearing could be more informal than a trial, however it is important to provide witnesses and evidence in the hearing.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses present at the hearing in person, or you can submit their statements through video conferencing. You must ensure that all of your witnesses are aware they are required to attend the hearing by submitting subpoenas in advance. Additionally, you must keep your witnesses' addresses and phone numbers in case in case they are required to appear as a witness in the future.

Complaints in the Court

Many children suffering from Erb's syndrome can overcome physical limitations with daily physical therapy. Some children may require surgery to repair the torn nerve fibers. A significant number of children are never able to recover and must continue to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors who are experts in treating this condition to create an annual cost of living estimate. This will allow you to determine the amount of compensation you're entitled to through your erb's palsy lawsuit palsy settlement. Your lawyer can also assist to obtain copies of your child's medical records, and look into whether or not the doctor who gave you your child's treatment had a previous experience of malpractice.

When your lawyer has a clear knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal proceeding because it allows both sides to present their case. Settlements can take up to one year.

Settlement

If your lawsuit for erb's palsy law firm palsy is successful, your lawyer might be able get compensation for medical expenses and future costs for treatment 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 collect evidence to prove the negligence that caused your child's brachial-plexus injury that could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, they'll bring the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a certain time frame to respond. In this phase of discovery the parties will gather evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial as it is cheaper for all parties involved. If your attorney is confident that they will prevail in the case at trial, they might decide to take it to a jury verdict. A successful verdict in a birth injury lawsuit can give families a sense justice and help raise awareness in order to prevent these types of injuries from happening in the future. If your verdict isn't favorable you can appeal. While this procedure can take longer but it also increases the amount of the amount you are awarded.