Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could aid you and your family get closure. However, the litigation process is complicated and requires experienced legal representation.

A successful lawsuit could award your family compensation for child's medical bills and future treatment. Find out more about the erb's palsy law firm palsy lawsuit process.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily reach millions of dollars.

Many erb's Palsy [vimeo.com] lawsuits are resolved outside of court. The lawyers for Erb's palsy both the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically reduce the legal process, and also prevent your family from having to go before a judge or jury. If your family is unable reach a settlement and you are unable to reach a settlement, Erb's palsy you must go to court. This can also take a long time but it could also result in a higher award.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head shoulders or arms during labor and delivery -such as when doctors employ forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. The injury is often preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to spread the word about this birth injury that could have been avoided. In the past, these lawsuits have helped families secure a fair financial settlement and help their child get back on track.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus during birth due to medical negligence, an Erb's settlement can help pay for their treatment. This could include treatment, therapy, assistive devices, and surgeries.

Many lawsuits are settled outside of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's attorneys will likely attempt to reach an agreement prior to the trial beginning.

If you cannot reach an agreement, the case will go to arbitration. This means that a neutral third party will hear both sides and decide who will win the case. This kind of hearing could be more informal than a trial, but 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 to present them at the hearing. Witnesses can attend the hearing in person, or you can provide their statements through video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure they are aware of the requirement that they attend the hearing. In addition, you must have your witnesses' addresses and contact numbers on file in the event that they are needed as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through daily physical therapy. Some may require surgery to fix torn or damaged nerve fibers. Many children will never recover and have to live suffering from the effects of this birth injury. Parents who believe their child's Erb's palsy was due to medical negligence during the delivery process have the right to seek fair compensation for the injuries suffered by their child.

Your lawyer will work with doctors who specialize in treating this condition to create a lifetime cost of living estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and investigate whether the doctor who treated your child's treatment had a previous history of malpractice cases.

If your lawyer has a thorough knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal action 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 secure compensation that covers medical costs and future treatment costs, including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need to gather evidence to prove the malpractice that caused your child's brachial-plexus injury and may include medical records, witness statements, and expert testimony. After your lawyer has collected the evidence, they will file the lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants are then given a specific period of time to respond. In this phase of discovery each side will collect evidence to support its claims.

Most lawsuits are settled outside of court instead of going to trial since it is cheaper for all parties involved. If your lawyer is confident that they will prevail in the case at trial and decides to pursue it to a jury verdict. A successful verdict can bring families a sense that justice has been done and help educate people about ways to avoid future birth injuries. If your verdict is not favorable you can appeal. Although this process may take more time however, it could also increase the amount of the compensation you receive.