Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial injury can help bring you and your family closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

A successful lawsuit could award your family compensation for your child's medical bills as well as future treatment. Find out more about the erb's palsy law firm syndrome lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical expenses and other losses. The amount of money that is awarded in a settlement depends on the particular situation of your child as well as the extent of their injuries, however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and the defendant will work together to find an acceptable settlement to both parties. This can significantly speed up the legal process, and also prevent your family from having to appear before jurors or judges. If, however, your family members cannot reach an agreement, you'll have to go to trial. This can take a considerable amount of time, however it can also result in a bigger settlement.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head, arms or shoulders during labor and deliverysuch as when doctors use forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also seek to increase awareness of this birth injury which could have been avoided. In the past, these lawsuits have allowed families to obtain a fair financial settlement and help their child get back on course.

Arbitration or Mediation

If your child was injured by a brachial plexus injury during birth due to medical negligence, an Erb's palsy settlement can help you pay for their treatment. This could include therapy, treatment as well as assistive devices and operations.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital's attorneys are likely to seek a settlement prior to when the trial begins.

If you are unable come to a deal your case will be sent to arbitration. A neutral third party will consider both sides and decide who will win the case. This type of hearing is more informal than a court case, however it is vital to present witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. Witnesses may be required to attend the hearing in person or you can provide their statements via video conference. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas prior to the hearing. In addition, you must have their addresses and phone numbers on file in the event that they are needed to testify in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations with regular physical therapy. Some children will require surgery to repair the torn nerve fibers. However, a significant proportion of children are not able to recover in any way and will be left with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb's palsy was the result of negligence by a medical professional during the birth process have the right claim fair compensation for their child's injuries.

To determine the worth of your case Your lawyer will work with doctors who specialize in treating these ailments to come up with a lifetime cost-of living estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you get copies of your child’s medical records and determine whether the doctor who performed surgery on your child's treatment had a previous record of malpractice cases.

Once your lawyer has a solid understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal case as it allows you to construct your case. It can take up an entire year before you can reach a settlement.

Settlement

If your lawsuit against Erb's Palsy is a success the lawyer may be able to get compensation to cover medical expenses including future treatment costs, adaptive devices along with physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer must gather evidence to prove the negligence that caused the brachial plexus injury to your child that could include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, they will make a claim against the defendants. They are typically the medical professionals that gave your child. The defendants are then given a specific amount of time to respond. In this phase of discovery each side will collect evidence to support its claims.

Most lawsuits are settled out of court instead of going to trial, since it's more cost-effective for all parties involved. If your lawyer is confident that they can win the case at trial it could be decided to try to get an appeal to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense justice and raise awareness and prevent these types of injuries from happening in the future. If your verdict isn't favorable you may appeal. The process could take longer, but it can increase the amount you get.