Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may help you and your family members 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 future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason families pursue an Erb's-related lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific case. It can easily reach millions of dollars.

Many of the lawsuits involving Erb's Psy are settled without court. The lawyers representing both the plaintiff and defendant collaborate to negotiate an acceptable settlement to both parties. This can shorten the legal process by a significant amount and prevent your family from having a judge or jury decide their case. If your family is unable to reach a settlement, you will need to go to court. This can take a lot of time, but can also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling on the neck, head, or shoulders, or on arms, could result in damage to these nerves and cause elgin erb's palsy lawsuit palsy. The injury is often preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury which could have been prevented. In the past these lawsuits helped families secure an affordable financial settlement that helped their child's future.

Mediation or Arbitration

If your child has suffered a brachial plexus injury during pregnancy due to medical negligence, an Erb's settlement can help pay for their care. This could include therapy, surgery as well as assistive devices and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and the hospital's lawyers will likely try to reach a settlement before the trial gets underway.

If you are unable to reach an agreement, your case will be referred to arbitration. A neutral third party will listen to both sides and decide who will win the case. This type of hearing can be more informal than a trial, but it's important to present witnesses and evidence for the hearing.

You will also need copies of all legal documents as well as witnesses to present at the hearing. You can witness your witnesses attend the hearing or provide their testimony via video conferencing. You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas in advance. Also, keep the names of witnesses' telephone numbers and addresses on file, in case you need to call them as witnesses in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations through daily physical therapy. Some may require surgery to fix torn or damaged nerve fibers. However, a significant number of children are not able to recover to any measurable degree and will have to live with the handicaps of this birth injury for the rest of their lives. Parents who believe their child's Erb's syndrome was due to medical negligence during the birth process have the right claim an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create the lifetime cost of living estimate. This will help you determine the amount of compensation you are entitled to through your mccomb erb's palsy attorney palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor responsible for the birth of your child had a history of similar malpractice cases.

Once your lawyer has identified the injuries suffered by your child, she will bring 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 the legal process since it allows both sides to build their arguments. Settlements can last up to one year.

Settlement

If your lawsuit for oak hill erb's palsy lawsuit palsy is successful, your lawyer could be able to secure compensation that covers medical expenses and future costs for treatment such as 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 need to gather evidence to prove negligence that caused the brachial plexus injuries to your child, which could include medical documents, witness statements and expert testimony. After your lawyer has collected the evidence, they will file the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a certain amount of time to respond. In this phase of discovery the parties will gather evidence to support their claims.

Most lawsuits are settled outside of court rather than go to trial, as it's cheaper for all parties involved. If your lawyer is confident that they will prevail at trial, they may choose to take the case all the way to an appeals court verdict. A successful verdict can give families a sense of justice and help spread awareness about how to avoid any future birth injuries. If your verdict is not in your favor then you may appeal the decision. This procedure could take longer, but it could increase the amount you are awarded.