erb's palsy claim Palsy Litigation

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

A successful lawsuit can award your family compensation for child's medical bills and any future treatment. Learn more about the Erb's palsy litigation process.

The Legal Process

Families file Erb's Psy lawsuits to seek reimbursement for medical expenses and other expenses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific case. It could easily amount to millions of dollars.

Many cases involving erb's palsy legal palsy are settled without court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can significantly shorten the legal process and save your family from having to face a judge or jury. If your family members are unable to agree on a settlement you will have to go to trial. This can take a significant amount of time, but it could also result in a larger award.

The brachial plexus is a group of nerves that regulate movement in the arm. The forceful pulling of the head, erb's palsy litigation neck, arms, or shoulders during labor and deliverylike when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and lead to erb's palsy case palsy. In many cases, this injury can be prevented. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about the birth injury which could have been avoided. In the past these lawsuits helped families secure a fair financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured by an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's palsy settlement can help you to pay for the treatment. This may include treatment, therapy devices, assistive devices, and procedures.

Many lawsuits are settled out of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will most likely seek to negotiate a settlement before the trial begins.

If you are unable to agree to a settlement, your case will proceed to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the case. This kind of hearing could be more informal than a trial, however it is crucial to present witnesses and evidence to the hearing.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses attend the hearing in person or you can submit their statements through video conferencing. Subpoenas must be sent in advance to all witnesses to ensure they are aware the requirement to be present at the hearing. Keep your witnesses' phone numbers and addresses on file, in case you have to call them as witnesses in the future.

Complaints in the Court

Many children who suffer from Erb's Palsy can overcome their physical limitations with daily physical therapy. Some children require surgery to repair damaged nerve fibers. However, a significant proportion of children are not able to recover to any measurable degree and must live with the handicapping effects of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

To establish the value of your case the lawyer will work with specialists in treating these conditions to develop a life-long cost-of-living estimate. This is used to determine how much you're entitled to from the settlement you received for your erb's palsy compensation syndrome. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor who performed your child's birth had a history of similar malpractice cases.

Once your lawyer understands the injuries of your child then she will make a claim against the defendants. Both parties will be involved in the discovery phase that involves exchanging evidence including expert opinions, depositions medical documents and more. This is a crucial aspect of your legal action because it allows both sides to present their case. It can take up to a year to arrive at a settlement.

Settlement

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

Your lawyer will require evidence to show that malpractice caused the injury to the brachial nerve in your child. This could include medical records, testimony from witnesses as well as expert testimony. Once your lawyer has gathered this evidence, they will make a claim against the defendants, who are typically the medical professionals who delivered your child. The defendants are given a specified amount of time to reply to the suit, and during this discovery stage each side will gather more evidence to support their assertions.

Most lawsuits are settled outside of court instead of going to trial since it's more cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case at trial they may decide to pursue it to a jury verdict. A successful verdict in a birth injury lawsuit can give families a sense of justice and can help increase awareness and prevent these types of injuries from happening in the future. However, if the verdict is not favorable to you, you can appeal the decision. While this process could take longer, it can also increase the amount of the amount you are awarded.