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Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial plexus injury can bring your family and you closure. However, the process of litigation is complicated and requires experienced legal representation.

If you prevail in your lawsuit, your family can receive compensation for the medical expenses of your child as well as future treatment. Find out more about Erb's palsy lawsuit procedure.

The Legal Process

Families file erb's palsy lawyer Palsy lawsuits to seek compensation for medical costs and other losses. The amount of money that is awarded in a settlement is contingent upon the specific situation of your child and the extent of their injuries, but it could easily reach the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers of both the plaintiff and defendant work together to find a settlement that is acceptable to both parties. This can significantly speed up the legal process and avoid your family from facing jurors or judges. However, if your family members cannot reach a settlement you will have to go to trial. This can also take a long time but it could also result in a higher award.

The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling on the head, neck or shoulders, or on arms, could result in damage to these nerves and cause Erb's Palsy. In many cases, this injury is preventable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past these lawsuits helped families secure an appropriate financial settlement to get their child's life back on path.

Arbitration or Mediation

If your child was injured in the womb by medical negligence and has suffered brachial paralysis, an Erb's Palsy settlement can help you cover the cost of their treatment. This could include therapy, treatment aids, assistive devices, as well as procedures.

Many lawsuits settle without court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and the hospital's lawyers will probably attempt to reach an agreement before the trial begins.

If you are unable to reach an agreement, the case will be sent to arbitration. This means that an impartial third party will listen to both sides and determine who wins the lawsuit. The hearing may be more informal than a trial, but it's important to present witnesses and evidence to the hearing.

You will also need copies of all legal documents as well as witnesses to present at the hearing. Witnesses may be required to present at the hearing in person or you can provide their statements via video conference. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas ahead of time. Additionally, you must have the addresses of your witnesses and contact numbers on file in case they're called to testify in the future.

Complaint in Court

Many children suffering from Erb's Palsy can overcome physical limitations with intense daily physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a substantial proportion of children do not recover to any measurable degree and will be forced to live with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's syndrome was due to negligence by a medical professional during the birth process are entitled to claim an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors who specialize in treating this condition to develop a lifetime cost of living estimate. This is used to determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also assist you get copies of your child's medical records and determine whether or not the doctor who performed surgery on your child's diagnosis had a prior record of malpractice cases.

Once your lawyer has identified the child's injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal argument because it allows you to build your case. It can take up to one year to negotiate a settlement.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer may be able to secure compensation for medical costs and future treatment costs, including adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the injury to the brachial nerve in your child. This may include medical records and witness statements as well expert testimony. Once your lawyer has gathered the evidence, they'll start a lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a specific period of time to respond. During this discovery phase each side will gather evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial as it is cheaper for everyone involved. If your lawyer is confident that they'll win the case at trial it could be decided to pursue it to the jury for a verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and raise awareness to prevent these types of injuries from occurring in the future. If, however, your verdict is not in your favor then you may appeal the decision. While this process can take longer but it also increases the amount of compensation you receive.