Erb's Palsy Litigation

The legal process in the aftermath of your child's plexus brachial injury can help bring you and Erb's palsy lawsuits your family closure. However, the process of litigation is complicated and requires experienced legal representation.

A successful lawsuit can award your family compensation for child's medical expenses and future treatment. Find out more about the erb's palsy attorneys-Palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to seek the cost of medical treatment and other expenses. The amount of money awarded depends on the severity of your child's injuries and the specific situation. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and defendant will come together to negotiate an agreement that is acceptable to both parties. This can drastically cut down on the legal process, and also prevent your family from having to appear before the jury or judge. If your family is unable to come to a deal then you'll need to appear in the court. This can take a significant amount of time, but could also result in a larger settlement.

The brachial nerves regulate the movement of the arm. Forceful pulling on the neck, head, arms, or shoulders during labor and delivery -for example, when doctors make use of forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. This injury is often prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also seek to raise awareness about this birth injury that could have been avoided. In the past these lawsuits helped families get a fair financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child was injured while in the womb because of medical negligence and was later diagnosed with brachial paralysis, an Erb's Settlement for palsy could help you to pay for their medical treatment. This can include therapy, surgery, assistive devices and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge could overturn a verdict awarded by the jury. Your lawyer and the hospital's attorneys will likely try to reach a settlement before the trial begins.

If you are unable to reach an agreement, the case will be taken to arbitration. This means that an impartial third party will take in both sides and decide who will win the lawsuit. The hearing may be more informal than a trial, however it is important to provide witnesses and evidence in the proceedings.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can choose to invite your witnesses to attend the hearing or give statements via videoconferencing. You must ensure that all of your witnesses are aware they will be required to appear at the hearing by submitting subpoenas in advance. You should also keep the names of witnesses' telephone numbers and addresses on file in case you have to call them as an upcoming witness.

Complaints in Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations with regular physical therapy. Some children require surgery to repair damaged nerve fibers. Many children do not recover and are forced to live suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with specialists in treating this condition to create a lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also assist you get copies of your child’s medical records, and look into whether or not the doctor who performed surgery on your child's care had a medical malpractice case.

Once your lawyer has a solid knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal proceedings since it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

If your lawsuit against Erb's Palsy is successful, your lawyer might be able to obtain compensation to pay for medical expenses including future treatment costs, adaptive devices, as well as physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial area in your child. This could include medical records and witness statements as well expert testimony. After your lawyer has gathered the evidence, he or she will start a lawsuit against defendants. These are usually the medical professionals that gave your child. The defendants will then be given a set period of time to respond to the lawsuit, and during this discovery stage each side will gather more evidence to support their assertions.

Most lawsuits settle out of court, instead of going to trial because it's more cost-effective for all parties involved. If however, your attorney believes that they can win in court, they might decide to pursue the case to the verdict of a jury. A successful verdict in a birth injury lawsuit can give families a sense of justice and help raise awareness and prevent these types of injuries from occurring in the future. If, however, your verdict is not in your favor, you can appeal the decision. The process could take longer, but it could increase the amount you receive.