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.

A successful lawsuit could award your family compensation for your child's medical expenses and future treatment. Find out more about Erb's palsy lawsuit procedure.

The Legal Process

Families file erb's palsy law firm Palsy lawsuits to get compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the particular situation of your child as well as the severity of their injuries, but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can shorten the legal process considerably and prevent your family from having a judge or Erb's Palsy lawsuits jury decide the case. If your family is unable agree on a settlement and you are unable to reach a settlement, you must go to the court. This can take a long time but it can also potentially result in a higher amount.

The brachial area is a group of nerves that regulate movement within the arm. Forceful pulling on the neck, head, arms or shoulders during labor and birthsuch as when doctors use forceps or vacuum extractors in excess -- can damage these nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past these lawsuits have helped families get an affordable financial settlement and get their child's life back on the right track.

Arbitration or Mediation

If your child was injured during the womb because of medical negligence and was later diagnosed with brachial palsy, anErb's settlement for palsy can help pay for their care. This could include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation faster and avoids the possibility that a court could reverse a verdict given by the jury. Your lawyer and hospital's lawyers will most likely try to reach an agreement before the trial starts.

If you fail to reach an agreement, the case will be referred to arbitration. This means that an impartial third party will hear both sides and determine who wins the lawsuit. This type of hearing can be more informal than a trial, however it is crucial to present physical evidence and witnesses for the proceedings.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. You may either invite your witnesses to the hearing or present their statements via videoconferencing. You must ensure that all your witnesses are aware they are required to attend the hearing by submitting subpoenas in advance. Additionally, you should have your witnesses' addresses and telephone numbers on file in the event that they are needed to testify in the future.

Complaint in the Court

Many children with Erb's Palsy are able to overcome physical limitations by intensive daily physical therapy. Some children require surgery to repair the torn nerve fibers. However, a significant proportion of children don't recover in any way and will be left with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to fair compensation.

Your lawyer will collaborate with specialists in treating this condition to produce the lifetime cost of living estimate. This is used to determine how much you are entitled to receive from the erb's palsy attorney palsy settlement. Your lawyer can also help you get copies of your child's medical records, and look into whether or not the doctor who gave you your child's care had a record of malpractice cases.

If your lawyer has a clear understanding of the injuries suffered by your child and the child's injuries, she will start a lawsuit against defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal action because it gives both sides the chance to present their case. It can take up one year to arrive at a settlement.

Settlement

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

Your lawyer will have to gather evidence to prove the mistake that led to the brachial plexus injuries to your child, which could include medical documents, witness statements and expert testimony. After your lawyer has gathered this evidence, they'll bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a specific amount of time to reply. During this discovery phase the parties will gather evidence to back up their claims.

Most lawsuits are settled outside of court rather than going to trial, because it's cheaper for all parties involved. However, if your attorney believes they will win in court, they could decide to pursue the case to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice and raise awareness to prevent these types of injuries from happening in the future. If, however, your verdict is not in your favor You can appeal the decision. The process could take longer, but it will increase the amount you get.