erb's palsy lawsuits Palsy Litigation

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

If you win your lawsuit, your family can be awarded compensation for the medical expenses of your child and future treatment. Find out more about the Erb's Palsy lawsuit process.

The Legal Process

Families file Erb's Psy lawsuits to seek compensation for medical expenses and other expenses. The amount of money offered in a settlement depends on the particular case of your child and the severity of their injuries, but it could easily reach the thousands of dollars.

Many cases involving Erb's palsy have been settled without court. Lawyers representing the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This could speed up the legal process considerably and keep your family from having a jury or judge decide their case. If your family members are unable to agree on the terms of settlement, you'll need to go to trial. This can take a lot of time, but could also result in a larger amount.

The brachial area is a group of nerves which control movement within the arm. Forceful pulling on the neck, head, shoulders or arms during labor and deliveryfor example, when doctors employ forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. In many cases, this injury can be prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to spread awareness of this birth injury which could have been prevented. In the past these lawsuits helped families get an appropriate financial settlement to help their child get back on path.

Mediation or Arbitration

If your child was injured during the womb because of medical negligence and was later diagnosed with brachial palsy, an Erb's Palsy settlement can help you to pay for their medical treatment. This can include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits settle outside of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers are likely to attempt to negotiate a settlement prior to when the trial gets underway.

If you are not able to reach an agreement, your case will be sent to arbitration. This means that a neutral third party will hear both sides and decide who wins the lawsuit. The hearing may be more informal than a trial, however it's crucial to present witnesses and evidence for the proceedings.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can either witness your witnesses attend the hearing or provide their statements using video conferencing. You must ensure that all your witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Keep the numbers of your witnesses and addresses in the file in case you have to contact them as a future witness.

Complaints in Court

Many children who suffer from Erb's Palsy can overcome their physical limitations by daily physical therapy. Some children will need surgery to repair torn nerve fibers. However, a significant number of children do not recover to a significant degree and will have to live with the effects of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to fair compensation.

To determine the value of your case the lawyer will work with doctors who are experts in treating these ailments to develop a lifetime cost-of-living estimate. This is used to determine how much you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor who performed the birth of your child had an history of similar malpractice cases.

When your lawyer is aware of the harms your child has suffered she will make a claim against the defendants. Both sides will be involved in the discovery phase which includes exchanging evidence such as expert opinions, depositions, additional medical documents and more. This is an essential aspect of your legal case because it helps you build your case. It can take as long as one year to negotiate a settlement.

Settlement

If your Erb's Palsy lawsuit is a success your lawyer could be able to secure compensation to pay for medical expenses, future treatment costs and adaptive devices, Erb's palsy as well as physical therapy. You may be awarded damages for emotional trauma or loss of quality of living.

Your lawyer must collect evidence to prove the error that caused the brachial plexus injuries to your child and Erb's Palsy may include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he or she will make a claim against the defendants. These are usually the medical professionals that delivered your child. The defendants are then given a certain amount of time to respond. In this discovery phase, each side will gather evidence to support their claims.

Most lawsuits are settled outside of court, rather than going to trial because it is cost-effective for everyone involved. However, if your attorney believes that they can win in court, they could decide to pursue the case to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense justice and help raise awareness and prevent these types of injuries from occurring in the future. However, if your verdict is not in your favor, you can appeal the decision. The process could take longer, but it could raise the amount you receive.