Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial injury can help bring you and your family closure. However, the litigation process is complex and requires expert legal representation.

If you win your lawsuit, your family can 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 (Full Write-up) to seek compensation for medical costs and other expenses. 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 erb's palsy lawyer palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This can shorten the legal process by a significant amount and prevent your family from having a jury or judge decide on their case. However, if your family members are unable to agree on a settlement you will have to go to trial. It can take a long time, but it could also result in a larger award.

The brachial nerves control the movement of the arm. During labor and delivery, excessive forceful pulling of the head, neck or shoulders, or on arms, could cause nerve damage, resulting in Erb's palsy. This type of injury is usually prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past these lawsuits have helped families obtain an equitable financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured by an injury to the brachial area during birth due to medical negligence, an Erb's settlement can help pay for his or her care. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits settle outside of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a court overturning a jury verdict. Your lawyer and hospital's lawyers are likely to attempt to negotiate an agreement before the trial starts.

If you are unable settle your dispute the case will be taken to arbitration. This means that a neutral third party will be able to hear both sides and decide who will win the lawsuit. The hearing may be more informal than a trial, but it is crucial to present witnesses and evidence for 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 attend the hearing in person, or you can present their testimony through video conference. Subpoenas must be sent in advance to all witnesses so they are aware the requirement to attend the hearing. Additionally, you should have their addresses and telephone numbers on file in the event that they are needed to testify in the future.

Complaint in Court

Many children who suffer from Erb's Palsy can overcome physical limitations through regular physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a large percentage of children don't recover to a significant degree and will be left with the handicapping 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 negligence during the birth process are entitled to a fair and reasonable amount of compensation.

To determine the worth of your case Your lawyer will work with specialists in treating these ailments to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer can also help you get copies of the medical records for your child and determine if the doctor who was involved in your child's birth had an history of similar malpractice cases.

When your lawyer has a thorough understanding of your child's injuries after which she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase that involves exchanging evidence such as expert opinions, depositions and medical documents, and so on. This is an essential part of your legal proceeding because it gives both sides the chance to present their case. It can take up to one year to reach a settlement.

Settlement

If your Erb's-Pallsy lawsuit is successful the lawyer may be able obtain compensation to pay for medical expenses as well as future treatment costs. adaptive devices in addition to physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will have to collect evidence to prove the malpractice that caused your child's brachial-plexus injury that could include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, they'll start a lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants are then given a specific time frame to respond. In this phase of discovery each side will gather evidence to prove its case.

Most lawsuits settle out of court rather than going to trial because it's more cost-effective for the parties involved. If your lawyer is confident that they'll win the case in court and decides to take it to a jury verdict. A successful verdict will give families a sense of justice and increase awareness of how to avoid any future birth injuries. However, if your verdict is not in your favor then you may appeal the decision. While this process can take longer, it can also increase the amount of the compensation you receive.