Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family get closure. The litigation process can be complex and requires an experienced lawyer.

A successful lawsuit may award your family members compensation for child's medical expenses and future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

Families file Erb's-Palsy lawsuits to seek the cost of medical treatment and other expenses. The amount of money that is awarded in a settlement is contingent upon the specific situation of your child and the severity of their injuries, however, it can easily rise to the thousands of dollars.

Many cases involving Erb's palsy settle without court. The lawyers representing both the plaintiff and defendant will collaborate to negotiate a settlement that is acceptable to both parties. This can significantly speed up the legal process and save your family from having to face an attorney or a jury. If your family is unable to reach the terms of settlement, you'll need to go to trial. This can take a long time, however, it could result in a higher amount.

The brachial plexus is a set of nerves that regulate movement within the arm. The forceful pulling of the neck, head, arms or shoulders during labor and delivery- such as when doctors employ forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness of this birth injury which could have been prevented. In the past these lawsuits have helped families obtain an appropriate financial settlement to support their child's future.

Arbitration or Mediation

If your child suffered an injury to the brachial area during the womb as a result of medical negligence, an Erb's settlement could help you pay for their treatment. This could include therapy, surgery, assistive devices and treatment.

Many lawsuits are settled out of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will likely seek an agreement before the trial gets underway.

If you are unable settle your dispute, your case will proceed to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. The hearing may be more informal than a trial, however it is important to provide witnesses and evidence for the hearing.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to attend the hearing in person, or you can provide their statements through video conferencing. You must ensure that all of witnesses are aware that they must attend the hearing by submitting subpoenas before the hearing. Additionally, you should have their addresses and phone numbers in case in case they are required to appear to testify in the future.

Complaint to the Court

Many children who suffer from Erb's Palsy can overcome their physical limitations with intense physical therapy every day. Some children may require surgery to repair damaged nerve fibers. However, a significant proportion of children will not recover in any significant way and will have to live with the handicaps of this birth injury for the rest of their lives. Parents who believe that their child's lindon erb's Palsy attorney palsy was the result of negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for their child's injuries.

To determine the worth of your case, your lawyer will work with doctors who specialize in treating these ailments to create a cost-of-living estimate. This helps determine how much you are entitled to receive from the Erb's palsy settlement. Your lawyer will also help you obtain copies of your child's medical records and investigate whether the doctor involved in the birth of your child had an history of similar malpractice cases.

If your lawyer has a solid understanding of your child's injuries then she will file your lawsuit against the defendants. Both parties will undergo the discovery phase which involves exchanging evidence, including expert opinions, depositions and medical documents, and so on. This is a crucial part of your legal case as it allows you to develop your case. Settlements can last up to one year.

Settlement

When your winchester erb's palsy lawsuit palsy lawsuit is successful, your lawyer may be able to get compensation to cover medical costs and future treatment costs, including adaptive devices and physical therapy. You may be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer will need to gather evidence to prove the mistake that led to the brachial plexus injuries to your child, which could include medical records, witness statements, and expert testimony. Once your lawyer has gathered this evidence, they will bring the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants will be given a specified amount of time to reply to the lawsuit, and during this process of discovery both sides will collect additional evidence to prove their claims.

Most lawsuits are settled outside of court rather than going to trial as it is cheaper for all parties involved. If your lawyer is confident that they will prevail in the case in court it could be decided to pursue it to the jury for a verdict. A successful verdict can give families a sense justice and help spread awareness about how to avoid any future birth injuries. If the verdict isn't favorable, you can appeal. While this procedure can take longer however, it could also increase the amount of the amount you are awarded.