Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can help bring you and your family closure. The process of suing can be complex and requires an experienced lawyer.

A successful lawsuit can award your family members compensation for your child's medical bills and any future treatment. Learn more about the Erb's syndrome lawsuit process.

The Legal Process

The most popular reason families bring an Erb's palsy suit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement will depend on the particular case of your child and the severity of their injuries but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This could cut down the legal process considerably and spare your family from having a judge or jury decide on their case. If, however, your family members are unable to agree on a settlement you will have to go to trial. This can take a long time, however, it could result in a larger award.

The brachial nerves regulate the movement of the arm. The forceful pulling of the neck, head, arms or shoulders during labor and birthsuch as when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves, causing erb's palsy lawyers palsy. In many cases, this injury is preventable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to raise the word about this birth injury which could have been prevented. In the past, these lawsuits helped families secure an appropriate financial settlement to support their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's settlement could help you pay for their treatment. This can include therapy, surgery as well as assistive devices and treatment.

Many lawsuits settle outside of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and the hospital's attorneys will likely try to come to an agreement prior to the trial beginning.

If you are unable reach a settlement the case will be taken to arbitration. This means that a neutral third party will hear both sides and decide who will win the case. The hearing may be more informal than a trial, but it is important to provide physical evidence and witnesses for the hearing.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can either invite your witnesses to the hearing or provide their statements through video conferencing. Subpoenas should be sent in advance to all witnesses to ensure that they are aware of the requirement that they attend the hearing. Additionally, you must have their addresses and contact numbers on file in case they're called to testify in the future.

Complaints in the Court

Many children with Erb's -Pallsy can overcome physical limitations through intense daily physical therapy. Some will require surgery to repair damaged or damaged nerve fibers. However, a significant proportion of children will not recover in any way and will have to live with the handicapping effects of this birth injury for life. Parents who believe their child's erb's palsy claim palsy was due to negligence in the delivery process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child.

To determine the value of your case your lawyer will collaborate with doctors who are experts in treating these ailments to create a cost-of-living estimate. This determines the amount you are entitled to receive from your erb's palsy legal palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor responsible for the birth of your child had prior experience with similar malpractice cases.

Once your lawyer has a clear knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal case as it allows you to construct your arguments. Settlements can last for up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to secure compensation for medical expenses and future treatment costs including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and Erb's Palsy Litigation loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records and witness statements as well expert testimony. Once your lawyer has gathered the evidence, he will make a claim against the defendants. They are typically the medical professionals who provided your child with. The defendants are then given a specific amount of time to reply. In this discovery phase each side will collect evidence to support their claims.

Most lawsuits settle out of court, rather than going to trial, Erb's Palsy Litigation because it's cheaper for all parties involved. If your lawyer believes they will win in court, they could decide to pursue the case all the way to a verdict by a jury. A successful verdict in a birth injury lawsuit can give families a sense justice, and also help to raise awareness in order to prevent these types of injuries from happening in the future. If the verdict isn't favorable you can appeal. Although this process may take longer but it also can increase the amount of the amount you are awarded.