Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family get closure. The litigation process can be complicated and requires a skilled lawyer.

If you win your lawsuit, your family will receive compensation for medical bills of your child and future treatment. Learn more about the Erb's-Palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other expenses. The amount of money awarded in a settlement is contingent upon the particular case of your child and Erb's palsy lawsuits the severity of their injuries, but it could easily reach the millions of dollars.

Many Erb's palsy lawsuits are settled out 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 by a significant amount and prevent your family from having a judge or jury decide the case. If your family is unable to reach a settlement and you are unable to reach a settlement, you must go to court. This can also take a long time however, it could result in a higher award.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling on the neck, head or shoulders or erb's palsy lawsuits on arms, could cause damage to these nerves, leading to Erb's Palsy. In many instances, the injury can be prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to raise awareness about this birth injury that could have been avoided. In the past these lawsuits have helped families secure an equitable financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child was injured by an injury to the brachial plexus during pregnancy due to medical negligence, an erb's palsy attorneys palsy settlement can help you pay for their care. This could include treatment, therapy as well as assistive devices and surgeries.

Many lawsuits settle without court. This lets plaintiffs receive compensation faster and avoids the possibility that a court might overturn a decision made by the jury. Your lawyer and hospital's lawyers will most likely try to reach an agreement prior to the trial beginning.

If you're not able to agree to a settlement 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 type of hearing is more informal than a court trial however, it is crucial to present witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. You can either witness your witnesses attend the hearing or give statements using video conferencing. You must ensure that all of witnesses are aware that they must attend the hearing by submitting subpoenas in advance. You should also keep your witnesses' phone numbers and addresses on file, in case you need to call them as an upcoming witness.

Complaints in the Court

Many children suffering from Erb's Palsy are able to overcome physical limitations by intensive daily physical therapy. Some children will need surgery to repair the torn nerve fibers. A large number of children are not able to recover and will have to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb's syndrome was the result of negligence in the delivery process are entitled to claim fair compensation for the injuries suffered by their child.

To determine the worth of your case, your lawyer will work with doctors who specialize in treating these conditions to develop a life-long cost-of-living estimate. This helps determine how much you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also assist to obtain copies of your child's medical records and determine whether or not the doctor who delivered your child's diagnosis had a prior history of malpractice cases.

When your lawyer has a clear understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery process that involves exchanging evidence including expert opinions, depositions, additional medical records and more. This is a crucial aspect of your legal proceedings since it allows both sides to present their case. Settlements can last for up to one year.

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer could be able to get compensation to pay for medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need to collect evidence to prove the negligence that caused the brachial plexus injuries to your child which could include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals who have delivered your child. The defendants will then be given a specific amount of time in which to respond to the lawsuit, and during this discovery phase each side will gather additional evidence to back their claims.

Most lawsuits are settled out of court rather than going to trial because it's cheaper for all parties involved. If however, your attorney believes that they can win in court, they might choose to take the case all the way to the verdict of a jury. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and help raise awareness to prevent these types of injuries from happening in the future. If your verdict is not favorable you can appeal. While this procedure can take longer, it can also increase the amount of the amount you are awarded.