Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family can receive compensation for medical expenses of your child and future treatment. Find out more about the Erb's palsy litigation process.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to get 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 erb's palsy law firms palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This can drastically cut down on the legal process and prevent your family from having to face the jury or judge. If your family members cannot reach an agreement, you'll have to go to trial. This can take a considerable amount of time, but can also result in a larger award.

The brachial area is a group of nerves which control movement in the arm. Forceful pulling on the head, neck, shoulders or arms during labor and delivery -such as when doctors employ forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to spread the word about this birth injury that could have been prevented. In the past the lawsuits have allowed families to obtain an equitable financial settlement and help their child get back on course.

Arbitration or Mediation

If your child suffered a brachial plexus injury during the womb as a result of medical negligence, an Erb's palsy settlement can help pay for his or her treatment. This could include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits settle out of court. This means that plaintiffs can receive compensation more quickly and reduces the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will likely try to reach a settlement before the trial starts.

If you cannot reach an agreement, your case will be sent to arbitration. This means that a neutral third party will be able to hear both sides and decide who will win the case. This kind of hearing could be more informal than a trial, however it is important to provide witnesses and evidence for the proceedings.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can attend the hearing in person, or they can give their testimony through video conference. Subpoenas need to be sent in advance to all witnesses so they are aware of the requirement to be present at the hearing. You must also keep your witnesses' numbers and addresses on file in case you have to call them as witnesses in the future.

Complaint to the Court

Many children suffering from the condition Erb's-Palsy can overcome physical limitations through regular physical therapy. Some may require surgery to repair torn or damaged nerve fibers. Many children do not recover and are forced to live with the consequences of this birth injury. Parents who believe their erb's palsy law firms palsy in their child was the result of negligence in the delivery process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child.

To determine the value of your case the lawyer will work with doctors who are experts in treating these conditions to develop a life-long cost-of-living estimate. This is used to determine how much you're entitled to from 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 involved in your child's birth had a history of similar malpractice cases.

If your lawyer has a clear understanding of the child's injuries she will file a lawsuit against the defendants. Both parties will go through the discovery phase which includes exchanging evidence including expert opinions, depositions, additional medical records and more. This is an important part of your legal case because it allows you to develop your case. It can take as long as an entire year before you can arrive at a settlement.

Settlement

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

Your lawyer will require evidence to prove that malpractice caused the injury to the brachial nerve in your child. This could include medical records as well as witness statements as well expert testimony. Once your lawyer has gathered the evidence, they will make a claim against the defendants. These are usually the medical professionals that provided your child with. The defendants will then be given a certain amount of time to reply to the lawsuit. during the discovery phase each side will gather additional evidence to back their assertions.

Most lawsuits are settled outside of court, rather than going to trial because it is cost-effective for everyone involved. If your lawyer is confident they can win at trial, they may choose to take the case all the way 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 the verdict isn't favorable you can appeal. The process could take longer, but it could raise the amount you receive.