Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial-plexus injury can help bring your family and you closure. The litigation process can be complicated and requires a skilled lawyer.

A successful lawsuit could grant your family members compensation for child's medical bills and future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason for families to bring an Erb's palsy suit is to get compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the specific situation. It could easily be millions of dollars.

Many of the Erb's palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and defendant will collaborate to negotiate an agreement that is acceptable to both parties. This can shorten the legal process dramatically and save your family from having a judge or jury decide their case. If your family members cannot reach a settlement you will have to go to trial. This can also take a long time, however, it could result in a bigger award.

The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling on the neck, head or shoulders or on the arms, can cause damage to these nerves, leading to anniston erb's palsy attorney Palsy. In many instances, the injury is preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to spread awareness about this birth injury which could have been avoided. In the past, these lawsuits have helped families receive an appropriate settlement in order to ensure their child's future.

Mediation or Arbitration

If your child sustained an injury to the brachial nerve in the womb due to medical negligence, an Erb's Palsy settlement can help pay for his or her care. This may include therapy, treatment, assistive devices, and surgeries.

Many lawsuits are settled out of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and hospital's lawyers are likely to attempt to negotiate a settlement prior to when the trial starts.

If you are unable to agree to a settlement the case will go to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This hearing is more informal than a court trial, but it is essential to present witnesses and other physical evidence.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can choose to have your witnesses attend the hearing or give testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses in order that they are aware of the requirement to be present at the hearing. Additionally, you should keep your witnesses' addresses and telephone numbers on file in case they are called as a witness in the future.

Complaints in Court

Many children who suffer from Union City Erb's Palsy Lawsuit syndrome can overcome physical limitations with intensive daily physical therapy. Some will require surgery to fix torn or damaged nerve fibers. However, a substantial proportion of children will not recover in any way and must live with the effects of this birth injury for the rest of their life. Parents who believe their child's Erb's paralysis was the result of medical negligence during the birth process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors that specialize in treating this condition to create an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer will also help you obtain copies of your child's medical records and investigate whether the doctor who was involved in your child's birth had prior experience with similar malpractice cases.

When your lawyer has a clear understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal defense because it helps you build your case. Settlements can last for up to one year.

Settlement

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

Your lawyer will need evidence to show that malpractice caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well as expert testimony. After your lawyer has collected this evidence, they'll file the lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants are then given a set time frame to respond. During this discovery phase each side will gather evidence to support its claims.

Most lawsuits are settled outside of court instead of going to trial because it's more cost-effective for the parties involved. If your lawyer is confident that they will prevail in the case at trial they may decide to pursue it to the jury for a verdict. A successful verdict will bring families a sense that justice has been done and raise awareness about ways to avoid future birth injuries. However, if the verdict is not favorable to you it is possible to appeal the decision. While this procedure can take more time, it can also increase the amount of the compensation you receive.