Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family get closure. However, the process of litigation is complex and requires expert legal representation.

A successful lawsuit may award your family members compensation for child's medical bills and future treatment. Find out more about the Erb's palsy litigation procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for Erb's Palsy Litigation medical expenses and other expenses. The amount of money offered in a settlement is dependent on the particular case of your child and the severity of their injuries, however, it can easily rise to the thousands of dollars.

Many of the lawsuits involving Erb's Psy are settled without court. The lawyers for both plaintiff and the defendant will come together to negotiate an agreement 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 is unable agree on a settlement and you are unable to reach a settlement, you must go to court. This can take a long time, but it can also potentially result in a larger award.

The brachial plexus is a set of nerves that regulate movement within the arm. The forceful pulling of the head, neck, arms, or shoulders during labor and birth- such as when doctors use forceps or vacuum extractors excessively -- can damage the nerves and cause erb's palsy lawyer palsy. In many cases, this injury can be prevented. Families are suing to make negligent healthcare providers 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 path.

Arbitration or Mediation

If your child suffered a brachial plexus injury during birth due to medical negligence, an erb's palsy compensation palsy settlement can help you pay for their care. This could include treatment, therapy as well as assistive devices and procedures.

Many lawsuits are settled out of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's lawyers are likely to attempt to negotiate an agreement before the trial begins.

If you are unable to settle your dispute the case will go to arbitration. A neutral third party will consider both sides and determine who wins the case. This type of hearing is more informal than a court trial however it is vital to provide witnesses and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person or they can give their testimony via video conferencing. Subpoenas must be issued in advance to all witnesses in order that they are aware the requirement to attend the hearing. In addition, you must have their addresses and contact numbers on file in case they are called as a witness in the future.

Complaints in Court

Many children suffering from erb's palsy compensation palsy can overcome physical limitations with intensive daily physical therapy. Some will require surgery to repair damaged or separated nerve fibers. However, a significant proportion of children don't recover to a significant degree and must live with the handicaps of this birth injury for the rest of their life. Parents who believe their child's Erb's syndrome was due to medical negligence during the birth process are entitled to seek fair compensation for their child's injuries.

Your lawyer will collaborate with doctors who are experts in treating this condition to create the lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer can also assist you get copies of the medical records for your child and determine if the doctor involved in the birth of your child had previous malpractice cases.

If your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal case because it allows you to build your arguments. Settlements can last up to one year.

Settlement

If your Erb's palsy lawsuit is successful the lawyer may be able to get compensation to pay for medical costs including future treatment costs, adaptive devices, as well as physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to collect evidence to prove the mistake that led to the brachial plexus injuries to your child that could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, he or she will make a claim against the defendants. These are usually the medical professionals who have delivered your child. The defendants will then be given a specified amount of time to respond. In this phase of discovery, each side will gather evidence to back up their claims.

Most lawsuits are settled out of court, rather than going to trial because it's more cost-effective for everyone involved. If your lawyer believes they will win in court, they might decide to pursue the case to a jury verdict. A successful verdict could give families a sense justice and raise awareness about how to prevent future birth injuries. However, if the verdict is not in your favor, you can appeal the decision. While this procedure can take more time however, it could also increase the amount of the amount you are awarded.