Erb's Palsy Litigation

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

If you win your lawsuit, your family may receive compensation for 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

The most popular reason for families to bring an Erb's palsy suit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon your child's specific case and the extent of their injuries, but it can easily go into the thousands of dollars.

Many of the Erb's palsy lawsuits are settled out of court. The lawyers for both the plaintiff and defendant work together to find an acceptable settlement to both parties. This can shorten the legal process by a significant amount and prevent your family from having a judge or jury decide on their case. However, if the family members cannot reach the terms of settlement, you'll need to go to trial. This could take a long time however, it could result in a bigger award.

The brachial complex is a collection of nerves that regulate movement in the arm. The forceful pulling of the head, neck, arms, or shoulders during labor erb's palsy lawsuit and deliverysuch as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves and lead to Erb's palsy. The injury is often prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness about this birth injury which could have been prevented. In the past the lawsuits have helped families obtain an equitable financial settlement and help their child get back on track.

Arbitration or Mediation

If your child was injured during the womb due to medical negligence and suffered brachial paralysis, an Erb's settlement for palsy can help pay for their treatment. This could include surgery, therapy as well as assistive devices and treatment.

Many lawsuits settle out of court. This allows plaintiffs to get compensation faster and erb's Palsy lawsuit eliminates the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and the hospital's attorneys are likely to attempt to reach a settlement before the trial begins.

If you are unable to reach an agreement, your case will be sent 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 can be more informal than a trial, however it is crucial to present witnesses and evidence in the hearing.

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

Complaints in Court

Many children suffering from Erb's Palsy can overcome physical limitations with regular physical therapy. Some may require surgery to repair sprained or separated nerve fibers. A large percentage of children are never able to recover and must continue to live their lives with the effects of this birth injury. Parents who believe that their child's Erb's paralysis was due to negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for the injuries suffered by their child.

To establish the value of your case the lawyer will work with doctors who are experts in treating these ailments to develop a life-long cost-of-living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and look into whether or not the doctor who performed surgery on your child's care had a medical malpractice case.

When your lawyer has a thorough understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will undergo the discovery phase that involves exchanging evidence like expert opinions, depositions medical documents and more. This is a vital part of your legal action as it allows both sides to construct their arguments. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to obtain compensation that covers medical expenses and future costs for treatment which include 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 gathered the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals who gave your child. The defendants will then be given a specified amount of time to respond. During this discovery phase each side will gather evidence to support its claims.

Most lawsuits are settled outside of court, rather than going to trial since it is cheaper for everyone involved. If however, your attorney believes that they can win in court, they might decide to pursue the case to an appeals court verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and can help increase awareness to prevent these types of injuries from occurring in the future. If the verdict you receive is not favorable you can appeal. While this procedure can take more time but it also can increase the amount of the compensation you receive.