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Erb's Palsy Litigation

In the aftermath of your child's brachial injury can help bring you and your family closure. However, the process of litigation is complicated and requires experienced legal representation.

If you prevail in your lawsuit, your family will receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb’s palsy litigation procedure.

The Legal Process

Families file Erb's Palsy lawsuits to seek reimbursement for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon the specific situation of your child and the severity of their injuries, however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can drastically cut down on the legal process and prevent your family from having to go before jurors or judges. If your family members are unable to come to a deal the family will have to appear in court. This can take a lot of time, but can also result in a bigger amount.

The brachial area is a group of nerves that control movement in the arm. During labor and delivery, excessive forceful pulling of the neck, head, or shoulders or on the arms could cause nerve damage, resulting in Erb's palsy. This condition is usually prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to spread awareness about the birth injury that could have been prevented. In the past, these lawsuits have helped families secure an equitable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child has suffered an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's palsy settlement could help you pay for their care. This may include treatment, therapy, assistive devices, and operations.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital's attorneys will likely seek a settlement before the trial begins.

If you are not able to reach an agreement, your case will be taken to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, however it is crucial to present witnesses and evidence in the proceedings.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can invite your witnesses to the hearing or provide their testimony via video conferencing. Subpoenas must be sent in advance to all witnesses to ensure they are aware of the requirement to be present at the hearing. Keep the names of witnesses' telephone numbers and addresses on file, in case you have to contact them as an upcoming witness.

A complaint to the court

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

To determine the worth of your case, your lawyer will work with doctors who specialize in treating these conditions to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's settlement for palsy. Your lawyer can also assist you get copies of the medical records for your child and determine if the doctor involved in your child's birth had an history of similar malpractice cases.

When your lawyer has a clear 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 that involves exchanging evidence, including expert opinions, depositions, medical documents and more. This is an essential part of your legal action as it allows both sides to build their arguments. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation that covers medical costs and future treatment costs including adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the brachial plexus injury in your child. This may include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has collected the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals that delivered your child. The defendants are then given a specific amount of time to respond. In this phase of discovery each side will collect evidence to support its claims.

Most lawsuits are settled outside of court rather than going to trial as it is more cost-effective for all parties involved. However, if your attorney is confident that they will prevail at trial, they may decide to pursue the case to a verdict by a jury. A successful verdict could give families a sense justice and raise awareness about how to prevent future birth injuries. If your verdict isn't favorable you may appeal. This process may take longer, but can increase the amount you get.