Erb's Palsy Litigation

In the aftermath of your child's brachial injury can help bring your family and you closure. The litigation process can be complicated and requires a skilled lawyer.

If you win your lawsuit, your family could be awarded compensation for the medical bills of your child as well as future treatment. Read on to learn more about the Erb's syndrome lawsuit procedure.

The Legal Process

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

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can significantly shorten the legal process, and also prevent your family from having to appear before a judge or jury. If your family members cannot reach a settlement you will have to go to trial. This could take a long amount of time, but it could also result in a larger settlement.

The brachial area is a group of nerves that control movement in the arm. When you are pregnant excessive forceful pulling of the neck, head, shoulders, or on the arms could cause nerve damage, resulting in erb's palsy lawyer palsy. The injury is often preventable. Families seek to make negligent healthcare providers accountable for the harm they cause. They also want to spread awareness about the birth injury that could have been prevented. In the past, these lawsuits have helped families receive an appropriate financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured while in the womb by medical negligence and was later diagnosed with brachial sprains, an Erb's Settlement for palsy could help you cover the cost of their treatment. This could include treatment, therapy devices, assistive devices, and procedures.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and hospital's attorneys are likely to attempt to reach a settlement prior to when the trial starts.

If you are not able to reach an agreement, the case will be taken to arbitration. This means that an impartial third party will take in both sides and decide who will win the lawsuit. This type of hearing is more informal than a court case, however it is vital to have witnesses present and physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. Witnesses can attend the hearing in person or you can provide their statements via video conference. Subpoenas need to be sent in advance to all witnesses so that they are aware of the requirement to be present at the hearing. Keep your witnesses' numbers and addresses in the file in case you need to contact them as witnesses in the future.

Complaints in Court

Many children suffering from the condition Erb's-Palsy can overcome physical limitations with daily physical therapy. Some children will need surgery to repair damaged nerve fibers. However, a large percentage of children will not recover in any significant way and will be left with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair and reasonable amount of 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 determines the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and investigate whether the doctor who treated your child had a previous experience of malpractice.

Once your lawyer understands the harms your child has suffered, she will bring a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal defense because it helps you build your arguments. Settlements can last up to one year.

Settlement

If your Erb's palsy suit is successful, Erb's palsy lawsuits your lawyer may be able to get compensation that covers medical expenses and future costs for treatment including adaptive devices and physical therapy. You may be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer must collect evidence to prove the negligence that caused your child's brachial plexus injury and may include medical documents, witness statements, and expert testimony. After your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are then given a specific amount of time to reply. During this discovery phase the parties will gather evidence to support their claims.

Most lawsuits are settled outside of court, rather than going to trial as it's more cost-effective for all parties involved. If however, your attorney is confident that they will prevail at trial, they may decide to take the case to the verdict of a jury. A successful verdict can provide families with a sense of justice and raise awareness about ways to avoid future birth injuries. If your verdict is not favorable you may appeal. While this procedure can take longer but it also increases the amount of the compensation you receive.