Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family could receive compensation for the medical expenses of your child and future treatment. Find out more about Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical expenses and other expenses. The amount of money awarded will depend on the severity of your child's injuries as well as the specific case. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers representing both the plaintiff and defendant will collaborate to negotiate an acceptable settlement to both parties. This could cut down the legal process by a significant amount and keep your family from having a judge or jury decide the case. However, if the family cannot agree on a settlement you will have to go to trial. This can also take a long time but it could also result in a bigger award.

The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head or shoulders or on arms, could cause nerve damage, resulting in Erb's palsy. In many instances, the injury can be prevented. Families file lawsuits to make negligent healthcare providers accountable for the harm they cause. They also wish to spread awareness about this birth injury which could have been prevented. In the past, these lawsuits have helped families secure an appropriate financial settlement to get their child's life back on track.

Mediation or Arbitration

If your child was injured while in the womb as a result of medical negligence and has suffered brachial paralysis, an erb's palsy law firm Settlement for palsy could help you cover the cost of their treatment. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits settle outside of court. This allows plaintiffs receive compensation faster and prevents the possibility of a court overturning a jury verdict. Your lawyer and the hospital's lawyers are likely to attempt to reach an agreement before the trial starts.

If you're not able to settle your dispute your case will be sent to arbitration. A neutral third party will consider both sides and determine who wins the case. This kind of hearing could be more informal than a trial, but it is important to provide witnesses and evidence for the proceedings.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can either invite your witnesses to the hearing or submit their statements through video conferencing. Subpoenas should be sent in advance to all witnesses in order that they are aware of the requirement to attend the hearing. You should also keep the numbers of your witnesses and addresses on file in case you need to contact them for an upcoming witness.

Complaints in the Court

Many children with Erb's -Pallsy are able to overcome physical limitations by intensive daily physical therapy. Some children will need surgery to repair torn nerve fibers. However, a large percentage of children will not recover to a significant degree and will have to live with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's paralysis was the result of negligence by a medical professional during the birth procedure have the right to seek fair compensation for their child's injuries.

Your lawyer will work with doctors who are experts in treating this condition to develop the lifetime cost of living estimate. This will help you determine the amount of compensation you are entitled to through your Erb's palsy settlement. 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 treatment had a previous medical malpractice case.

Once your lawyer has a solid understanding of your child's injuries then 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 an essential aspect of your legal case as it helps you build your case. Settlements can take up to one year.

Settlement

If your lawsuit against Erb's Palsy is a success your lawyer could be able obtain compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices, as well as physical therapy. You may also be awarded damages for emotional trauma and 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, witness statements as well as expert testimony. After your lawyer has collected this evidence, they will file the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants will be given a set amount of time to reply to the lawsuit. during this process of discovery each side will gather additional evidence to back their assertions.

Most lawsuits are settled out of court rather than going to trial because it's cheaper for all parties involved. If your lawyer is confident that they will win the case at trial, they might decide to try to get the jury. A successful verdict could bring families a sense that justice has been done and help spread awareness about how to avoid any future birth injuries. If your verdict is not favorable to you, you can appeal the decision. While this process could take more time but it also increases the amount of the compensation you receive.