Erb's Palsy Litigation

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

A successful lawsuit may award your family compensation for child's medical bills and future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's-Palsy lawsuits to recover compensation for medical expenses and other expenses. The amount of money offered in a settlement depends on the specific situation of your child and the extent of their injuries, but can easily soar into the millions of dollars.

Many of the lawsuits involving bellmawr erb's Palsy attorney Psy are settled without court. Lawyers representing the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory 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 unable to come to a deal then you'll need to go to court. This can take a lot of time, however it can also result in a larger award.

The brachial plexus is a group of nerves that regulate movement in the arm. During labor and delivery excessive forceful pulling of the neck, head, or shoulders or on the arms, can result in damage to these nerves and cause Erb's Palsy. This condition is usually prevented. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also seek to raise the word about this birth injury which could have been avoided. In the past the lawsuits have helped families secure an equitable financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child was injured while in the womb by medical negligence and was later diagnosed with brachial palsy, an sheffield erb's palsy attorney Palsy settlement could help you cover the cost of their treatment. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers are likely to attempt to reach a settlement prior to when the trial gets underway.

If you fail to reach an agreement, your case will be sent to arbitration. This means that a neutral third party will hear both sides and decide who will win the lawsuit. This type of hearing can be more informal than a trial, however it is important to provide physical evidence and witnesses for the proceedings.

You will also need copies of all legal documents and witnesses to present at the hearing. You may either have your witnesses attend the hearing or give statements via videoconferencing. Subpoenas should be sent in advance to all witnesses so that they are aware the requirement to attend the hearing. Keep the numbers of your witnesses and addresses on file in case you have to contact them for an upcoming witness.

Complaints in the Court

Many children with Erb's Palsy are able to overcome physical limitations by intensive daily physical therapy. Some will require surgery to repair torn or damaged nerve fibers. However, a significant number of children are not able to recover in any way and must live with the handicaps of this birth injury for life. Parents who believe their child's Erb's palsy was due to medical negligence during the delivery process are entitled to seek fair compensation for the injuries suffered by their child.

To determine the value of your case your lawyer will collaborate with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This will help determine the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and look into whether the doctor who treated your child's treatment had a previous history of malpractice cases.

Once your lawyer has a thorough knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal proceedings because it gives both sides the chance to build their arguments. Settlements can take up to one year.

Settlement

If your Erb's Palsy lawsuit 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 could be awarded damages due to emotional trauma or loss of quality of living.

Your lawyer will have to gather evidence to prove malpractice that caused the brachial plexus injuries to your child which could include medical records, witness statements, and expert testimony. After your lawyer has collected this evidence, they will make a claim against the defendants, who are usually the medical professionals who delivered your child. The defendants are then given a certain amount of time to reply. During this discovery phase, each side will gather evidence to back up their claims.

Most lawsuits settle out of court, rather than going to trial, because it's cost-effective for all parties involved. If your lawyer is confident that they will prevail in the case at trial it could be decided to try to get a jury verdict. A successful verdict will bring families a sense that justice has been done and increase awareness of how to prevent future birth injuries. If the verdict you receive is not favorable you may appeal. This process may take longer, but it will increase the amount you are awarded.