Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family may receive compensation for the medical expenses of your child and future treatment. Find out more about Erb's palsy lawsuit process.

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 will depend on the severity of your child's injuries and the specific case. It could easily amount to millions of dollars.

Many of the lawsuits involving Erb's Psy have been settled without court. The lawyers for both plaintiff and defendant will work together to find a settlement that is acceptable to both parties. This could cut down the legal process significantly and spare your family from having a jury or judge decide on their case. If your family members are unable to reach an agreement on a settlement the family will have to go to the court. This can take a lot of time, but it could also result in a bigger award.

The brachial nerves regulate the movement of the arm. During labor and birth excessive forceful pulling on the head, neck or shoulders, or on arms, could cause damage to these nerves, leading to Erb's palsy. In many cases, this injury can be prevented. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of the birth injury that could have been avoided. In the past, these lawsuits have helped families secure an affordable financial settlement and help their child get back on the right track.

Arbitration or Mediation

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

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 lawyers are likely to try to reach an agreement prior to the trial begins.

If you cannot reach an agreement, Vimeo your case will be referred to arbitration. A neutral third party will be able to hear both sides and Vimeo determine who wins the case. This hearing is more informal than a court trial, however it is vital to present witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to present at the hearing. Witnesses can attend the hearing in person or they can give their testimony through video conference. You must ensure that all your witnesses are aware they will be required to appear at the hearing by submitting subpoenas before the hearing. In addition, you must have the addresses of your witnesses 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 forest erb's palsy lawyer Palsy can overcome physical limitations through regular physical therapy. Some children may 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 effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

To determine the worth of your case the lawyer will work with specialists in treating these ailments to develop a lifetime cost-of-living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records, and also determine whether the doctor who performed surgery on your child's care had a history of malpractice cases.

Once your lawyer has identified the injuries suffered by your child she will file a lawsuit against the defendants. Both parties will go through the discovery process which includes exchanging evidence, including expert opinions, depositions, additional medical records, and more. This is a crucial part of your legal proceedings because it gives both sides the chance to develop their arguments. Settlements can last for up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer may be able to secure compensation that covers medical expenses and future treatment costs which include adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial nerve in your child. This may include medical records and witness statements, as well as expert testimony. After your lawyer has gathered this evidence, they will start a lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants are then given a certain time frame to respond. In this phase of discovery each side will gather evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial, as it's more cost-effective for all parties involved. If your lawyer is confident that they will win the case in court, they might decide to take it to a jury verdict. A successful verdict will give families a sense justice and help spread awareness about ways to avoid future birth injuries. If the verdict isn't favorable you may appeal. This process may take longer, but it can increase the amount you get.