Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could help you and your family find closure. However, the process of litigation is complex and requires expert legal representation.

If you are successful in your lawsuit, your family will receive compensation for the medical bills of your child as well as future treatment. Learn more about the Erb's syndrome lawsuit procedure.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon your child's specific case and the severity of their injuries, but can easily soar into the thousands of dollars.

Many cases involving Erb's palsy have been settled out of court. The lawyers for both the plaintiff and defendant collaborate to negotiate an acceptable settlement to both parties. This could speed up the legal process considerably and keep your family from having a judge or jury decide on their case. If your family is not able to agree on a settlement the family will have to appear in the court. This can take a lot of time, but can also result in a bigger award.

The brachial nerves regulate the movement of the arm. When you are pregnant, excessive forceful pulling of the neck, head or shoulders or on the arms could result in damage to these nerves and cause Erb's Palsy. This condition is usually preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms they cause. They also want to raise awareness about the birth injury which could have been avoided. In the past, these lawsuits have helped families obtain an appropriate financial settlement to get their child's life back on course.

Arbitration or attorneys Mediation

If your child suffered an injury to the brachial area during the womb as a result of medical negligence, an Erb's palsy settlement can help to pay for the treatment. This could include therapy, treatment aids, assistive devices, as well as surgeries.

Many lawsuits are settled outside of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a court could invalidate a verdict handed down by a jury. Your lawyer and the hospital's attorneys will likely attempt to reach a settlement prior to when the trial gets underway.

If you are unable to reach an agreement, the case will go to arbitration. This means that an impartial third party will be able to hear both sides and determine who will win the case. This type of hearing is more informal than a court trial however it is vital to have witnesses present and physical evidence.

You will also require copies of all legal documents and witnesses to be present at the hearing. Witnesses may be required to present at the hearing in person, or you can provide their statements through video conferencing. Subpoenas must be issued in advance to all witnesses in order they are aware the requirement to be present at the hearing. Also, keep the numbers of your witnesses and addresses in the file in case you have to call them as a future witness.

A complaint to the court

Many children with Erb's Palsy are able to overcome physical limitations by intense physical therapy every day. Some will require surgery to repair damaged or damaged nerve fibers. A large number of children do not recover and are forced to live their lives with the consequences of this birth injury. Parents who believe that their Erb's palsy in their child was the result of medical negligence during the delivery procedure have the right to seek fair compensation for the injuries suffered by their child.

To establish the value of your case your lawyer will collaborate with doctors who specialize 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 hampshire erb's palsy law firm palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records, and also determine whether the doctor who delivered your child had a previous record of malpractice cases.

When your lawyer is aware of the injuries of your child she will bring a lawsuit against the defendants. Both parties will go through the discovery phase that involves exchanging evidence like expert opinions, depositions and medical documents and more. This is an essential aspect of your legal defense because it helps you build your case. It can take up to a year to arrive at a settlement.

Settlement

If your lawsuit against Erb's Palsy is successful your lawyer could be able to get compensation to cover medical expenses for future treatment, future costs for treatment and adaptive devices, as well as physical therapy. You could be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove negligence that caused the brachial plexus injury to your child that could 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 who gave your child. The defendants are then given a set time frame to respond. In this discovery phase each side will collect evidence to prove its case.

Most lawsuits settle out of court rather than go to trial, because it's cheaper for all parties involved. If however, your attorney believes that they can win in court, they could decide to pursue the case to a verdict by a jury. A successful verdict in a birth injury lawsuit could bring families a sense of justice and can help increase awareness to prevent these kinds of injuries from happening in the future. If your verdict is not favorable to you You can appeal the decision. While this procedure can take longer but it also increases the amount of compensation you receive.