Erb's Palsy Litigation

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

A successful lawsuit can award your family compensation for child's medical bills and any future treatment. Learn more about the erb's palsy attorneys syndrome lawsuit process.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon the particular situation of your child as well as the severity of their injuries but it can easily go into the thousands of dollars.

Many of the Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This can speed up the legal process considerably and spare your family from having a jury or judge decide their case. If, however, your family is unable to reach a settlement you will have to go to trial. This can also take a long time however, it could result in a larger award.

The brachial nerves control the movement of the arm. Forceful pulling on the head, neck, arms, or shoulders during labor and delivery -- such as when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. This type of injury is usually prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families receive an affordable financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured in the womb due to medical negligence and has suffered brachial palsy, anErb's Palsy settlement could help you pay for their care. This can include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and hospital's lawyers are likely to attempt to negotiate a settlement before the trial gets underway.

If you are not able to reach an agreement, the case will be sent to arbitration. This means that an impartial third party will take in both sides and decide who will win the lawsuit. This type of hearing can be more informal than a trial, however it is crucial to present witnesses and evidence in the proceedings.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. Witnesses are able to present at the hearing in person or you can submit their statements via video conference. Subpoenas must be issued in advance to all witnesses to ensure they are aware of the requirement that they attend the hearing. Additionally, you should keep your witnesses' addresses and phone numbers on file in case they're called as witnesses in the future.

Complaint in Court

Many children who suffer from Erb's palsy can overcome physical limitations through regular physical therapy. Some children require surgery to repair torn nerve fibers. However, a large percentage of children will not recover to a significant degree 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 a result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

To determine the value of your case the lawyer will work with doctors who are experts in treating these conditions to create a cost-of-living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and investigate whether the doctor who performed surgery on your child's treatment had a previous record of malpractice cases.

Once your lawyer has identified the injuries suffered by your child she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal case because it allows you to construct your case. Settlements can last for up to one year.

Settlement

If your erb's Palsy law Firms-Pallsy lawsuit is successful your lawyer could be able to get compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices along with physical therapy. You could be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will require evidence to prove that a mistake caused the brachial plexus injury in your child. This could include medical records and witness statements as well expert testimony. After your lawyer has gathered the evidence, they will file the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants will then be given a set period of time to respond to the suit, and during this process of discovery, both sides will gather additional evidence to support their assertions.

Most lawsuits are settled out of court instead of going to trial due to the fact that it's more cost-effective for everyone involved. If your attorney is confident that they can win the case in court it could be decided to try to get the jury. A successful verdict could provide families with a sense of justice and help spread awareness about ways to avoid future birth injuries. If your verdict is not favorable to you then you may appeal the decision. While this process could take longer but it also increases the amount of the compensation you receive.