Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may help you and your family to find closure. However, the process of litigation is complex and requires skilled legal representation.

A successful lawsuit can award your family members compensation for your child's medical bills as well as future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason for families to file an erb's palsy law firm palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and defendant will work together to find an acceptable settlement to both parties. This could cut down the legal process by a significant amount and prevent your family from having a jury or judge decide the case. If your family members are unable to agree on an agreement, you'll have to go to trial. This can also take a long time however, it could result in a larger award.

The brachial nerves control the movement of the arm. Forcing the neck, head arms, or shoulders during labor and deliverysuch as when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. This condition is usually avoidable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to create awareness about this birth injury that could have been prevented. In the past, these lawsuits helped families secure an equitable financial settlement to help their child's future.

Arbitration or Mediation

If your child was injured while in the womb because of medical negligence and suffered brachial sprains, an Erb's Settlement for palsy could help you cover the cost of their treatment. This could include treatment, therapy devices, assistive devices, and procedures.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge might overturn a decision made by jurors. Your lawyer and the hospital's lawyers will probably try to come to an agreement before the trial starts.

If you are not able to reach an agreement, the case will be taken to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the lawsuit. This hearing is more informal than a court trial however, it is crucial to have witnesses present 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 submit their statements through video conferencing. Subpoenas need to be sent in advance to all witnesses in order that they are aware the requirement to attend the hearing. You should also keep your witnesses' phone numbers and addresses in the file in case you need to call them as an upcoming witness.

Complaint in the Court

Many children suffering from Erb's palsy can overcome physical limitations with regular physical therapy. Some children will require surgery to repair the torn nerve fibers. A large percentage of children are not able to recover and will have to live suffering the effects of this birth injury. Parents who believe that their child's Erb's palsy was the result of negligence in the delivery procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

To establish the value of your case, your lawyer will work with specialists in treating these ailments to come up with a lifetime cost-of living estimate. This helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records and investigate whether the doctor who performed your child's birth had a history of similar malpractice cases.

Once your lawyer has a good understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase, which includes exchanging evidence such as expert opinions, depositions, medical documents and more. This is a crucial part of your legal proceeding as it allows both sides to build their arguments. It could take up to an entire year before you can arrive at a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to secure compensation for medical costs and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need to gather evidence to prove the error that caused the brachial plexus injuries to your child and may include medical records, witness statements and expert testimony. After your lawyer has collected this evidence, they'll make a claim against the defendants, which are usually the medical experts who delivered your child. The defendants will then be given a specified time frame to respond. During this discovery phase each side will gather evidence to support their claims.

Most lawsuits settle out of court rather than going to trial because it's more cost-effective for the parties involved. If your lawyer is confident they can win at trial, they may decide to pursue the case all the way to a jury verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and help raise awareness to prevent these kinds of injuries from happening again in the future. If the verdict you receive is not favorable, you can appeal. While this procedure can take more time but it also can increase the amount of the amount you are awarded.