Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family to find closure. However, the litigation process is complicated and requires experienced legal representation.

If you win your lawsuit, your family will be awarded compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

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

Many Erb's Palsy lawsuits settle without court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can speed up the legal process significantly and spare your family from having a jury or judge decide on their case. If your family is unable to come to a deal the family will have to go to the court. This could take a long amount of time, but it could also result in a bigger amount.

The brachial area is a group of nerves that regulate movement in the arm. During labor and birth, excessive forceful pulling of the neck, head, shoulders or on the arms, vimeo can cause nerve damage, resulting in Erb's palsy. This condition is usually avoidable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness about this birth injury that could have been avoided. In the past these lawsuits helped families secure an equitable financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured in the womb because of medical negligence and was later diagnosed with brachial palsy, anErb's Palsy settlement could help you cover the cost of their treatment. This could include surgery, therapy aidive devices, and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will most likely attempt to reach an agreement before the trial starts.

If you cannot reach an agreement, the case will be sent to arbitration. This means that a neutral third party will be able to hear both sides and Vimeo determine who will win the lawsuit. The hearing may be more informal than a trial, but it's crucial to present witnesses and evidence to the hearing.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses may be required to present at the hearing in person or you can present their testimony through video conference. Subpoenas should be sent in advance to all witnesses so that they are aware the requirement to attend the hearing. You should also keep your witnesses' numbers and addresses on file in case you need to call them as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's syndrome can overcome physical limitations through intensive daily physical therapy. Some children require surgery to repair the torn nerve fibers. Many children are not able to recover and will have to live with the effects of this birth injury. Parents who believe their child's Erb's paralysis was the result of medical negligence during the birth procedure have the right to claim fair compensation for their child's injuries.

To establish the value of your case, your lawyer will work with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you are entitled to under your erb's palsy attorney settlement for palsy. Your lawyer can also help you obtain copies of the medical records for your child 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 knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase that involves exchanging evidence including expert opinions, depositions, medical documents and more. This is a crucial part of your legal case because it allows you to develop your arguments. It could take up to an entire year to arrive at a settlement.

Settlement

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

Your lawyer will have to collect evidence to prove the negligence that caused the brachial plexus injuries to your child and may include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, he or she will make a claim against the defendants. They are typically the medical professionals that gave your child. The defendants are then given a set period of time to respond. In the discovery phase each side will collect evidence to back up their claims.

Most lawsuits are settled outside of court, rather than going to trial since it's more cost-effective for everyone involved. If however, your attorney is confident that they will prevail in court, they might decide to pursue the case all the way to a jury verdict. A successful verdict could give families a sense of justice and raise awareness about how to avoid any future birth injuries. If the verdict you receive is not favorable, you can appeal. This could take a bit longer, but can increase the amount you receive.