Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family get closure. However, the litigation process is complex and requires skilled legal representation.

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

The Legal Process

Families file Erb's Psy lawsuits to recover compensation for medical costs and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily reach millions of dollars.

Many of the lawsuits involving Erb's Psy settle without court. The lawyers for both plaintiff and defendant will collaborate to negotiate a settlement that is acceptable to both parties. This can shorten the legal process dramatically and prevent your family from having a judge or jury decide the case. However, if your family is unable to reach a settlement you will have to go to trial. It can take a long time, but it could also result in a bigger award.

The brachial plexus is a set of nerves which control movement within the arm. During labor and birth, excessive forceful pulling of the neck, head, shoulders or on the arms can cause nerve damage, resulting in erb's palsy [Related Site]. In many cases, this injury can be prevented. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury which could have been prevented. In the past these lawsuits helped families get an equitable financial settlement to help their child's future.

Arbitration or Mediation

If your child sustained a brachial plexus injury during birth due to medical negligence, an erb's palsy lawyer palsy settlement can help pay for his or her treatment. This could include treatment, therapy as well as assistive devices and Erb's palsy surgeries.

Many lawsuits settle outside of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will likely attempt to negotiate an agreement prior to the trial starts.

If you are unable agree to a settlement the case will go to arbitration. This means that a neutral third party will hear both sides and decide who will win the lawsuit. This type of hearing is more informal than a court trial however it is vital to present witnesses and other physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You may either have your witnesses attend the hearing or provide their statements through video conferencing. You must ensure that all of your witnesses are aware they are required to attend the hearing by submitting subpoenas ahead of time. You should also keep your witnesses' numbers and addresses on file in case you need to call them as an upcoming witness.

Complaints in the Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intense daily physical therapy. Some children will need surgery to repair torn nerve fibers. However, a large percentage of children don't recover in any way and will have to live with the handicapping effects of this birth injury for the rest of their life. Parents who believe their erb's palsy lawsuit palsy in their child was due to negligence in the delivery process are entitled to claim an appropriate amount of compensation for the injuries suffered by their child.

To determine the value of your case your lawyer will collaborate with specialists in treating these ailments to create a cost-of-living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records, and look into whether or not the doctor who gave you your child's care had a experience of malpractice.

If your lawyer has a clear understanding of the injuries suffered by your child, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a vital part of the legal process because it allows both sides to develop their arguments. Settlements can take as long as one year.

Settlement

If your Erb's palsy suit is successful, your lawyer could be able get compensation for medical expenses and future treatment costs including adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove the malpractice that caused your child's brachial plexus injury that could include medical records, witness statements, and expert testimony. Once your attorney has gathered the evidence, they'll start a lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants will then be given a specified amount of time to respond. In this phase of discovery each side will collect evidence to back up their claims.

Most lawsuits are settled out of court rather than going to trial since it is more cost-effective for everyone involved. If your lawyer believes they will win in court, they could choose to take the case all the way to the verdict of a jury. A successful verdict in a birth injury lawsuit can give families a sense justice and help raise awareness in order to prevent these types of injuries from occurring in the future. If your verdict isn't favorable, you can appeal. While this process could take more time but it also can increase the amount of the amount you are awarded.