Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial injury can help bring your family and you closure. The process of suing can be complicated and requires an experienced lawyer.

If you prevail in your lawsuit, your family may be awarded compensation for the medical expenses of your child and future treatment. Learn more about the erb's palsy law firm Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical costs and other expenses. The amount of money that is awarded in a settlement is dependent on the specific situation of your child and the severity of their injuries however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and defendant work together to find an agreement that is acceptable to both parties. This can drastically reduce the legal process and prevent your family from having to appear before an attorney or a jury. If your family members are unable to agree on an agreement, you'll have to go to trial. This could take a long amount of time, but it could also result in a larger settlement.

The brachial area is a group of nerves that control movement within the arm. During labor and delivery, excessive forceful pulling of the neck, head, shoulders or on the arms, can cause nerve damage, resulting in Erb's Palsy. In many cases, this injury can be prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms they cause. They also seek to increase awareness about the birth injury that could have been prevented. In the past the lawsuits have helped families secure an appropriate financial settlement to help their child get back on the right track.

Mediation or Arbitration

If your child was injured in the womb by medical negligence and suffered brachial palsy, an Erb's Palsy settlement could help you pay for their care. This could include treatment, therapy as well as assistive devices and surgeries.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a judge might overturn a decision made by the jury. Your lawyer and the hospital's lawyers will probably seek to negotiate a settlement before the trial starts.

If you cannot reach an agreement, the case will be referred to arbitration. This means that an impartial third party will take in both sides and determine who will win the lawsuit. This hearing is more informal than a court trial but it is essential to have witnesses present and physical evidence.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. You may either have your witnesses attend the hearing or provide their statements via videoconferencing. Subpoenas need to be sent in advance to all witnesses so that they are aware of the requirement that they attend the hearing. Keep your witnesses' phone numbers and addresses on file, in case you have to contact them for an upcoming witness.

Complaint to the Court

Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some children require surgery to repair damaged nerve fibers. A large number of children will never recover and have to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair amount of compensation.

Your lawyer will collaborate with specialists in treating this condition to develop an estimated cost of living for life estimate. This determines the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also help you obtain copies of your child's medical records and determine if the doctor responsible for the birth of your child had previous malpractice cases.

If your lawyer has a solid understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase, which includes exchanging evidence such as expert opinions, depositions, additional medical records, and more. This is an essential aspect of your legal argument because it allows you to construct your arguments. Settlements can last for up to one year.

Settlement

If your lawsuit for erb's palsy attorney palsy is successful, your lawyer might be able to get compensation that covers medical costs and future treatment costs which include adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial nerve in your child. This could include medical records and witness statements as well as expert testimony. Once your attorney has gathered the evidence, they will make a claim against the defendants, which are typically the medical professionals who delivered your child. The defendants will then be given a specific period of time to respond to the lawsuit, and during this discovery stage both sides will collect additional evidence to prove their assertions.

Most lawsuits are settled out of court, rather than going to trial due to the fact that it's more cost-effective for all parties involved. If your lawyer believes they will win in court, they might choose to take the case all the way to an appeals court verdict. A successful verdict can give families a sense of justice and help spread awareness about how to prevent future birth injuries. If, however, your verdict is not favorable to you, you can appeal the decision. While this procedure can take longer, it can also increase the amount of the amount you are awarded.