Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family find closure. The process of suing can be complex and requires an experienced lawyer.

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

The Legal Process

Families file lawsuits against Erb's palsy 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 specific case. It can easily reach millions of dollars.

Many Flushing Erb's Palsy Lawsuit Palsy lawsuits have been settled out of court. The lawyers for both plaintiff and the defendant will come together to negotiate a settlement that is acceptable to both parties. This can significantly speed up the legal process and save your family from having to go before a judge or jury. If your family is unable reach a settlement then you'll need to go to court. This can also take a long time but it can also potentially result in a higher award.

The brachial nerves regulate the movement of the arm. The forceful pulling of the head, neck, arms, or shoulders during labor and birthsuch as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage the nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also wish to spread awareness of this birth injury which could have been avoided. In the past these lawsuits have helped families secure an affordable financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child was injured in the womb because of medical negligence and suffered brachial paralysis, an haddonfield erb's palsy lawyer Palsy settlement could help you cover the cost of their treatment. This could include treatment, therapy as well as assistive devices and procedures.

Many lawsuits are settled out of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital's attorneys will likely seek to negotiate a settlement before the trial gets underway.

If you cannot reach an agreement, the case will be taken to arbitration. This means that an impartial third party will hear both sides and decide who will win the case. The hearing may be more informal than a trial, however it is crucial to present witnesses and evidence to the proceedings.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can either witness your witnesses attend the hearing or provide their statements via videoconferencing. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware of the requirement to be present at the hearing. You should also keep the numbers of your witnesses and addresses in the file in case you need to contact them for a future witness.

Complaint in the Court

Many children with Erb's Palsy can overcome physical limitations through intense daily physical therapy. Some children may require surgery to repair the torn nerve fibers. However, a significant proportion of children will not recover in any significant way and will be left with the limitations of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

To determine the value of your case the lawyer will work with doctors who specialize in treating these ailments to come up with a lifetime cost-of living estimate. This is used to determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor involved in your child's birth had previous malpractice cases.

If your lawyer has a solid knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal proceedings because it gives both sides the chance to construct their arguments. It can take up an entire year before you can settle a case.

Settlement

If your Erb's palsy suit is successful, your lawyer might be able to obtain compensation to cover medical expenses and future treatment costs such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer must gather evidence to prove the malpractice that caused your child's brachial-plexus injury which could include medical records, witness statements, and expert testimony. After your lawyer has collected this evidence, they'll make a claim against the defendants, who are typically the medical professionals who delivered your child. The defendants will then be given a specified time frame to respond. In the discovery phase each side will collect evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial, as it's cost-effective for all parties involved. However, if your attorney is confident they can win in court, they could choose to take the case to an appeals court verdict. A successful verdict in an injury lawsuit for birth can give families a sense justice and can help increase awareness and 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. This could take a bit longer, but can raise the amount you receive.