Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family to find closure. The litigation process can be complex and requires an experienced lawyer.

A successful lawsuit could award your family members compensation for your child's medical expenses and future treatment. Learn more about the Erb's syndrome lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific case. It could easily amount to millions of dollars.

Many of the lawsuits involving erb's palsy law Firms Psy have been settled out of court. The lawyers representing both the plaintiff and defendant collaborate to negotiate a settlement that is acceptable to both parties. This could speed up the legal process by a significant amount and spare your family from having a judge or jury decide the case. If your family is not able to come to a deal the family will have to go to the court. This can take a considerable amount of 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 neck, head, shoulders, or on arms, could result in damage to these nerves and cause Erb's palsy. This injury is often prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to raise the word about this birth injury which could have been avoided. In the past these lawsuits have helped families receive an equitable settlement in order to ensure their child's future.

Mediation or Arbitration

If your child was injured in the womb by medical negligence and has suffered brachial palsy, an erb's palsy lawyer settlement for palsy can help pay for their treatment. This could include therapy, treatment devices, assistive devices, and surgeries.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by the jury. Your lawyer and the hospital's attorneys will likely try to come to an agreement before the trial begins.

If you are unable come to a deal the case will be taken to arbitration. This means that an impartial third party will hear both sides and decide who wins the lawsuit. This hearing is more informal than a court case, however it is vital to provide witnesses and physical evidence.

You will also require copies of all legal documents and witnesses to be present at the hearing. You may either invite your witnesses to attend the hearing or present their statements using video conferencing. You must ensure that all of your witnesses are aware that they are required to attend the hearing by submitting subpoenas in advance. Additionally, you must have the addresses of your witnesses and telephone numbers on file in case they're called as a witness in the future.

Complaint in Court

Many children with Erb's -Pallsy can overcome physical limitations through intensive daily physical therapy. Some children may require surgery to repair torn nerve fibers. However, a significant number of children don't recover in any way and must live with the effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to fair compensation.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create a lifetime cost of living estimate. This will help you determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and investigate whether or not the doctor who treated your child's diagnosis had a prior history of malpractice cases.

Once your lawyer has a solid knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both parties will go through the discovery phase that involves exchanging evidence, including expert opinions, depositions, additional medical records and more. This is a crucial part of your legal proceeding since it allows both sides to present their case. It can take up to an entire year to negotiate a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to obtain compensation for medical costs and future treatment costs such as adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of living.

Your lawyer will require evidence to prove that malpractice caused the injury to the brachial area in your child. This could include medical records, witness statements as well expert testimony. Once your lawyer has gathered the evidence, he or she will make a claim against the defendants. They are typically the medical professionals who have delivered your child. The defendants are then given a set time frame to respond. In the discovery phase each side will collect evidence to support their claims.

Most lawsuits are settled out of court, rather than going to trial as it is cheaper for all parties involved. If your attorney is confident that they will win the case in court and decides to pursue it to a jury verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice, and also help to raise awareness to prevent these kinds of injuries from happening in the future. If, however, your verdict is not in your favor then you may appeal the decision. This procedure could take longer, but it could increase the amount you receive.