Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could aid you and your family members find closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

A successful lawsuit can award your family members compensation for your child's medical expenses and Erb's palsy settlement future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

The most popular reason families pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the particular case. It could easily amount to millions of dollars.

Many of the lawsuits involving Erb's Psy settle out of court. The lawyers of both the plaintiff and defendant will collaborate to negotiate an acceptable settlement to both parties. This can significantly speed up the legal process, and also prevent your family from facing a judge or jury. If your family is not able to come to a deal the family will have to appear in the court. This can also take a long time, but it could also result in a bigger award.

The brachial complex is a collection of nerves that control movement in the arm. When you are pregnant excessive forceful pulling on the neck, head, shoulders or on the arms could cause damage to these nerves, leading to erb's palsy lawyers Palsy. The injury is often preventable. Families file lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to spread awareness about this birth injury which could have been avoided. In the past these lawsuits helped families get an affordable financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child suffered an injury to the brachial area during pregnancy due to medical negligence, an Erb's Palsy settlement can help you pay for his or her care. This may include therapy, treatment devices, assistive devices, and operations.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a judge might overturn a decision made by jurors. Your lawyer and hospital's attorneys will likely try to come to an agreement prior to the trial beginning.

If you cannot reach an agreement, the case will be referred to arbitration. A neutral third party will hear both sides and 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 also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can witness your witnesses attend the hearing or give testimony via video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. You must also keep the names of witnesses' telephone numbers and addresses in the file in case you have to call them as an upcoming witness.

Complaints in the Court

Many children with Erb's Palsy can overcome physical limitations with intense daily physical therapy. Some children require surgery to repair the torn nerve fibers. A large number of children are never able to recover and must continue to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

To establish the value of your case the lawyer will work with doctors who are experts in treating these conditions to develop a lifetime cost-of-living estimate. This helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records and determine whether the doctor who performed surgery on your child's diagnosis had a prior medical malpractice case.

Once your lawyer has a solid knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a vital part of the legal process because it allows both sides to build their arguments. It could take up to a year to settle a case.

Settlement

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

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial plexus in your child. This could include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has gathered the evidence, they'll start a lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants will then be given a specified period of time to respond. In this phase of discovery each side will collect evidence to prove its case.

Most lawsuits are settled outside of court rather than go to trial because it's cheaper for all parties involved. If your lawyer believes they will win in court, they might choose to take the case to a jury verdict. A successful verdict can give families a sense justice and help spread awareness about how to prevent future birth injuries. If your verdict isn't favorable you may appeal. This process may take longer, but it could increase the amount you receive.