Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family get closure. However, the litigation process is a bit complicated and requires skilled legal representation.

A successful lawsuit could award your family members compensation for your child's medical bills and any future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

Families file union gap erb's palsy attorney-Palsy lawsuits to obtain reimbursement for medical expenses and other expenses. The amount of money awarded depends on the severity of your child's injuries and the particular situation. It could easily amount to millions of dollars.

Many of the Erb's Palsy lawsuits are settled out of court. The lawyers for both plaintiff and defendant collaborate to reach an acceptable settlement to both parties. This could cut down the legal process considerably and prevent your family from having a jury or judge decide on their case. If your family is unable to reach a settlement then you'll need to go to the court. This can also take a long time, however, it could result in a higher amount.

The brachial plexus is a group of nerves that regulate movement in the arm. A forceful pull on the neck, head arms or shoulders during labor and birthlike when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and cause abbeville Erb's palsy lawsuit palsy. This type of injury is usually prevented. Families seek to make negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness of this birth injury that could have been avoided. In the past the lawsuits have helped families obtain an equitable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child has suffered an injury to the brachial nerve in the womb due to medical negligence, an Erb's palsy settlement could help you pay for his or her care. This could include therapy, treatment, assistive devices, and procedures.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement before the trial gets underway.

If you are unable to agree to a settlement your case will be sent to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. The hearing may be more informal than a trial, however it's important to present physical evidence and witnesses for the hearing.

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 have your witnesses attend the hearing or provide their statements through video conferencing. Subpoenas should be sent in advance to all witnesses so that they are aware the requirement that they attend the hearing. Keep the numbers of your witnesses and addresses on file, in case you need to contact them as witnesses in the future.

A complaint to the court

Many children with Erb's Palsy are able to overcome physical limitations by intense daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. However, a large percentage of children will not recover to a significant degree and will be left with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair amount of compensation.

Your lawyer will collaborate with doctors who are experts in treating this condition to develop an annual cost of living estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records, and look into whether the doctor who treated your child had a previous medical malpractice case.

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

Settlement

If your Erb's palsy lawsuit is successful your lawyer might be able obtain compensation to cover medical expenses as well as future treatment costs. adaptive devices, as well as physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need to gather evidence to prove the negligence that caused your child's brachial plexus injury that could include medical documents, witness statements, and expert testimony. Once your lawyer has collected the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals who delivered your child. The defendants are given a specified amount of time to respond to the lawsuit, and during the discovery phase both sides will gather more evidence to support their claims.

Most lawsuits settle out of court rather than go to trial, as it's cost-effective for all parties involved. However, if your attorney is confident that they will prevail at trial, they may choose to take the case all the way to an appeals court verdict. A successful verdict could give families a sense justice and raise awareness about how to prevent future birth injuries. If your verdict isn't favorable, you can appeal. This procedure could take longer, but it could raise the amount you receive.