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 complicated and requires an experienced lawyer.

If you prevail in your lawsuit, your family can receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason families pursue an Erb's-related lawsuit is to seek compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the particular case of your child and the severity of their injuries, but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers representing both the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can shorten the legal process considerably and prevent your family from having a judge or jury decide the case. If your family members cannot reach the terms of settlement, you'll need to go to trial. This can also take a long time however, it could result in a higher award.

The brachial nerves regulate the movement of the arm. Forcing the head, neck, arms, or shoulders during labor and delivery- such as when doctors employ forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits helped families get an appropriate financial settlement that helped their child's future.

Arbitration or Mediation

If your child suffered a brachial plexus injury during pregnancy due to medical negligence, an Erb's palsy settlement can help pay for their care. This could include surgery, therapy as well as assistive devices and treatments.

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

If you cannot reach an agreement, your case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This type of hearing is more informal than a court case, but it is essential to present witnesses and other physical evidence.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can witness your witnesses attend the hearing or present their statements through video conferencing. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. Additionally, you should have your witnesses' addresses and telephone numbers on file in case they are required to appear as witnesses in the future.

Complaint in the Court

Many children who suffer from islamorada erb's palsy lawsuit palsy can overcome physical limitations through regular physical therapy. Some children will require surgery to repair torn nerve fibers. A significant number of children are never able to recover and must continue to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair amount of compensation.

To establish the value of your case the lawyer will work with specialists in treating these conditions to create a cost-of-living estimate. This will help determine the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer can also help you obtain copies of your child's medical records, and investigate whether or not the doctor who treated your child's diagnosis had a prior record of malpractice cases.

Once your lawyer understands the child's injuries, she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an important part of your legal defense because it helps you build your case. It can take as long as a year to negotiate a settlement.

Settlement

If your lawsuit against aberdeen erb's palsy law Firm Palsy is successful your lawyer might be able obtain compensation to cover medical expenses, future treatment costs and adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer must collect evidence to prove the mistake that led to your child's brachial-plexus injury that could include medical documents, witness statements, and expert testimony. Once your attorney has gathered this evidence, they'll make a claim against the defendants, which are usually the medical experts who delivered your child. The defendants will then be given a specified time frame to respond. In the discovery phase each side will gather evidence to prove its case.

Most lawsuits settle out of court rather than go to trial because it's cheaper for all parties involved. If your lawyer is confident that they'll win the case at trial it could be decided to go to a jury verdict. A successful verdict will bring families a sense that justice has been done and help educate people about ways to avoid future birth injuries. If, however, your verdict is not favorable to you it is possible to appeal the decision. This procedure could take longer, but it will raise the amount you receive.