Erb’s Palsy Litigation

Taking legal action in the aftermath of your child’s brachial plexus injury can bring your family and you closure. However, the litigation process is complex and requires expert legal representation.

A successful lawsuit can award your family members compensation for your child’s medical bills as well as future treatment. Read on to learn more about the Erb’s palsy lawsuit process.

The Legal Process

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

Many of Erb’s palsy lawsuits have been settled outside of court. The lawyers of both the plaintiff and the defendant will collaborate to negotiate a settlement that is acceptable to both parties. This could cut down the legal process significantly and prevent your family from having a judge or jury decide on their case. If your family members are unable to agree on the terms of settlement, you’ll need to go to trial. This could take a long amount of time, however it can also result in a larger settlement.

The brachial plexus is a group of nerves that regulate movement in the arm. During labor and delivery excessive forceful pulling of the head, neck or shoulders, or on the arms, can cause damage to these nerves, leading to Erb’s palsy. In many cases, this injury is preventable. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also want to spread awareness about the birth injury which could have been avoided. In the past these lawsuits have helped families obtain an appropriate financial settlement to help their child get back on path.

Arbitration or Mediation

If your child sustained an injury to the brachial area during the womb as a result of medical negligence, an Erb’s Palsy settlement could help you to pay for the treatment. This could include treatment, therapy aids, assistive devices, as well as operations.

Many lawsuits settle outside of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital attorneys will most likely try to reach an agreement before the trial starts.

If you are unable reach a settlement your case will be sent to arbitration. A neutral third party will consider both sides and decide who wins the case. This type of hearing is more informal than a court trial, however, it is crucial to present witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to invite your witnesses to attend the hearing or provide their statements through video conferencing. You must ensure that all your witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Additionally, you should have their addresses and contact numbers on file in case they are required to appear as a witness in the future.

Complaint in the Court

Many children who suffer from Erb’s palsy law firms syndrome can overcome their physical limitations with intensive daily physical therapy. Some children may require surgery to repair damaged nerve fibers. A significant number of children are never able to recover and must continue to live suffering the effects of this birth injury. Parents who believe their child’s Erb’s palsy was due to medical negligence during the birth process are entitled to claim fair compensation for their child’s injuries.

Your lawyer will collaborate with doctors who are experts in treating this condition to produce the lifetime cost of living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer will also help you get copies of the medical records for your child and determine if the doctor who performed your child’s birth had previous malpractice cases.

If your lawyer has a clear understanding of the injuries suffered by your child she will make a claim against the defendants. Both parties will go through the discovery phase, which includes exchanging evidence like expert opinions, depositions, medical documents, and so on. This is a vital part of your legal proceedings since it allows both sides to build their arguments. It can take as long as one year to settle a case.

Settlement

If your lawsuit for erb’s palsy lawyers palsy is successful, your lawyer might be able to get compensation to cover medical expenses and future treatment costs such as adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records and witness statements as well expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against defendants. They are typically the medical professionals that delivered your child. The defendants are then given a certain time frame to respond. In this discovery phase each side 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 the parties involved. However, if your attorney believes they will win at trial, they may choose to take the case all the way to a verdict by a jury. A successful verdict in an injury lawsuit for birth can provide families with a sense justice, and also help to raise awareness to prevent these kinds of injuries from happening in the future. If the verdict you receive is not favorable, you can appeal. This procedure could take longer, but it could raise the amount you receive.