Erb's Palsy Litigation

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

A successful lawsuit can award your family compensation for your child's medical bills and future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

The most frequent reason for families to pursue an Erb's-related lawsuit is to seek compensation for medical expenses and other losses. The amount of money that is awarded in a settlement depends on the particular situation of your child as well as the severity of their injuries however, it can easily rise to the millions of dollars.

Many cases involving Erb's palsy have been settled without court. The lawyers for both plaintiff and the defendant will work together to find an agreement that is acceptable to both parties. This could speed up the legal process considerably and prevent your family from having a judge or jury decide the case. If your family is not able to reach a settlement and you are unable to reach a settlement, you must appear in court. 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. A forceful pull on the head, neck, arms or shoulders during labor and birthsuch as when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage the nerves and cause Erb's palsy. The injury is often avoidable. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also seek to raise awareness of this birth injury which could have been prevented. In the past, sa.dudj.krdssah.859635 these lawsuits have helped families receive a fair financial settlement to help their child's future.

Mediation or Arbitration

If your child suffered a brachial plexus injury during the womb as a result of medical negligence, an Erb's settlement can help to pay for the care. This could include surgery, therapy aidive devices, and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will probably try to reach an agreement before the trial gets underway.

If you are not able to reach an agreement, your case will be referred to arbitration. This means that an impartial third party will be able to hear both sides and determine who will win the case. This type of hearing is more informal than a court trial, however, it is crucial to provide witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can either invite your witnesses to the hearing or present their statements using video conferencing. Subpoenas must be issued in advance to all witnesses so they are aware the requirement that they attend the hearing. You must also keep your witnesses' numbers and addresses in the file in case you need to contact them for witnesses in the future.

Complaint in the Court

Many children who suffer from erb's palsy law firm syndrome can overcome their physical limitations by intensive daily physical therapy. Some children will require surgery to repair the torn nerve fibers. Many children do not recover and are forced to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to fair compensation.

To determine the value of your case, your lawyer will work with doctors who are experts in treating these conditions to create a cost-of-living estimate. This will help you 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 investigate whether the doctor who treated your child's care had a medical malpractice case.

Once your lawyer understands the child's injuries she will start a lawsuit against defendants. Both parties will undergo the discovery phase, which includes exchanging evidence like expert opinions, depositions and medical documents, and so on. This is an important part of your legal case as it allows you to build your case. It could take up to one year to settle a case.

Settlement

If your Erb's palsy lawsuit is successful your lawyer might be able to secure compensation to pay for medical expenses including future treatment costs, adaptive devices, as well as physical therapy. You may receive damages due to emotional trauma or loss of quality of living.

Your lawyer will need to collect evidence to prove the malpractice that caused your child's brachial plexus injury that could include medical documents, witness statements, and expert testimony. After your lawyer has collected the evidence, they will make a claim against the defendants, who are typically the medical professionals who gave your child. The defendants are given a set amount of time to reply to the lawsuit, and during the discovery phase both sides will gather additional evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial as it is more cost-effective for everyone involved. If your lawyer is confident they can win in court, they could choose to take the case all the way to a verdict by a jury. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and raise awareness in order to prevent these types of injuries from happening in the future. If the verdict you receive is not favorable you may appeal. Although this process may take longer but it also increases the amount of the amount you are awarded.