Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family to find closure. The process of suing can be complex and requires an experienced lawyer.

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

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the specific case. It could easily amount to millions of dollars.

Many of the Erb's Palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can drastically reduce the legal process and avoid your family from having to appear before an attorney or a jury. If, however, your family members cannot reach the terms of settlement, you'll need to go to trial. This can also take a long time, but it could also result in a bigger award.

The brachial nerves control the movement of the arm. A forceful pull on the neck, head arms, or shoulders during labor and birthlike when doctors use forceps or vacuum extractors excessively -- can damage these nerves, causing Erb's palsy. This condition is usually prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to spread awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families obtain an appropriate financial settlement to help their child get back on path.

Mediation or Vimeo Arbitration

If your child was injured in the womb as a result of medical negligence and suffered brachial palsy, anErb's settlement for palsy can help pay for their care. This could include therapy, treatment, assistive devices, and operations.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation faster and avoids the possibility that a judge could overturn a verdict awarded by a jury. Your lawyer and hospital's lawyers will probably try to come to an agreement before the trial gets underway.

If you are unable to reach a settlement the case will go to arbitration. This means that a neutral third party will take in both sides and determine who wins the lawsuit. This type of hearing can be more informal than a trial, but it's crucial to present witnesses and evidence for the proceedings.

You will also require copies of all legal documents and witnesses to appear at the hearing. Witnesses can attend the hearing in person, or you can provide their statements via video conferencing. Subpoenas should be sent in advance to all witnesses to ensure they are aware the requirement to attend the hearing. In addition, you must have their addresses and contact numbers on file in case they are called as witnesses in the future.

Complaint to the Court

Many children suffering from Erb's syndrome can overcome physical limitations with daily physical therapy. Some may require surgery to fix torn or separated nerve fibers. However, a significant number of children do not recover in any significant way and must live with the handicaps of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to fair compensation.

To determine the worth 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 will help you determine the amount of compensation you're entitled to under your apex erb's palsy lawsuit settlement for palsy. Your lawyer can also help you obtain copies of your child's medical records, and look into whether the doctor who delivered your child's treatment had a previous record of malpractice cases.

If your lawyer has a clear understanding of the child's injuries then she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase, which includes exchanging evidence including expert opinions, depositions, medical records and more. This is an important part of your legal argument because it allows you to construct your case. Settlements can last up to one year.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer might be able to secure compensation that covers medical expenses and future treatment costs including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will have to collect evidence to prove the error that caused the brachial plexus injury to your child, which could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, he or she will bring a lawsuit against the defendants. They are typically the medical professionals who gave your child. The defendants are then given a certain amount of time to reply. During this discovery phase each side will gather evidence to back up their claims.

Most lawsuits are settled outside of court instead of going to trial as it's more cost-effective for everyone involved. If your attorney is confident that they'll win the case in court, they might decide to pursue it to a jury verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and help raise awareness in order to prevent these types of injuries from occurring in the future. If your verdict is not favorable you can appeal. While this procedure can take longer but it also increases the amount of compensation you receive.