Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial-plexus injury can bring your family and you closure. The process of litigation can be complicated and requires an experienced lawyer.

A successful lawsuit can award your family compensation for your child's medical bills as well as future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the specific case. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers representing both the plaintiff and defendant collaborate to reach a settlement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from having to go before a judge or jury. If your family members are unable to come to a deal and you are unable to reach a settlement, you must appear in court. This can take a lot of time, but can also result in a bigger award.

The brachial complex is a collection of nerves which control movement within the arm. During labor and delivery, excessive forceful pulling of the head, neck or shoulders, or on the arms could result in damage to these nerves and cause Erb's Palsy. The injury is often prevented. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to raise awareness about the birth injury that could have been avoided. In the past these lawsuits helped families get a fair financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured while in the womb because of medical negligence, and suffered from brachial paralysis, an Erb's Palsy settlement could help you pay for their care. This can include surgery, therapy as well as assistive devices and treatments.

Many lawsuits settle outside of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will probably attempt to reach an agreement before the trial starts.

If you are unable to reach an agreement, the case will go to arbitration. This means that an impartial third party will take in both sides and determine who will win the case. This hearing is more informal than a court trial, however it is vital to present witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can attend the hearing in person, or you can provide their statements via video conference. Subpoenas must be sent in advance to all witnesses in order that they are aware the requirement to attend the hearing. Additionally, you should have the addresses of your witnesses and contact numbers on file in the event that they are needed as a witness in the future.

Complaints in the Court

Many children suffering from Erb's Palsy can overcome their physical limitations by intensive daily physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a significant number of children do not recover in any significant way and will be forced to live with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb's palsy was due to medical negligence during the birth process have the right claim an appropriate amount of compensation for the injuries suffered by their child.

To determine the value of your case Your lawyer will work with doctors who are experts in treating these conditions to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor responsible for your child's birth had prior experience with similar malpractice cases.

If your lawyer has a good knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will be involved in the discovery phase which involves exchanging evidence including expert opinions, depositions, additional medical records and more. This is a crucial part of your legal argument because it allows you to develop your arguments. Settlements can take up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to obtain compensation for medical expenses and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer must collect evidence to prove the mistake that led to your child's brachial-plexus injury that could include medical documents, witness statements, and erb's palsy lawsuit expert testimony. Once your lawyer has collected the evidence, he will bring a lawsuit against the defendants. They are typically the medical professionals that delivered your child. The defendants are given a set amount of time to reply to the lawsuit, and during the discovery phase both sides will gather additional evidence to prove their assertions.

Most lawsuits settle out of court, rather than going to trial, since it's more cost-effective for all parties involved. If your attorney is confident that they can win the case in court and decides to try to get a jury verdict. A successful verdict will give families a sense of justice and help educate people about how to prevent future birth injuries. If, however, your verdict is not in your favor Erb's palsy lawsuit You can appeal the decision. This could take a bit longer, but can raise the amount you receive.