Erb's Palsy Litigation

Taking legal action in the aftermath of your child's plexus brachial injury can bring your family and you closure. However, the process of litigation is complex and requires skilled legal representation.

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

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical expenses and other expenses. The amount of money awarded depends on the severity of your child's injuries and the specific situation. It could easily be millions of dollars.

Many of Erb's palsy lawsuits have been resolved outside of court. Lawyers representing the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This can drastically cut down on the legal process, and also prevent your family from having to appear before an attorney or a jury. If your family is unable to reach an agreement, you'll have to go to trial. This can take a considerable amount of time, however it can also result in a larger amount.

The brachial complex is a collection of nerves that regulate movement within the arm. When you are pregnant excessive forceful pulling on the neck, head or shoulders or on the arms, can cause damage to these nerves, leading to auburn erb's palsy law firm palsy. In many instances, the injury can be prevented. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to raise the word about this birth injury that could have been prevented. In the past the lawsuits have helped families secure an affordable financial settlement and help their child get back on track.

Mediation or Arbitration

If your child was injured while in the womb by medical negligence and suffered brachial palsy, anErb's Palsy settlement could help you cover the cost of their treatment. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge could overturn a verdict awarded by a jury. Your lawyer and hospital attorneys will most likely try to reach an agreement before the trial begins.

If you fail to reach an agreement, the case will be referred to arbitration. This means that an impartial third party will listen to both sides and determine who wins the case. This type of hearing is more informal than a court trial however it is vital to provide witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You may either have your witnesses attend the hearing or provide their statements via videoconferencing. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. Also, keep your witnesses' numbers and addresses in the file in case you have to contact them for an upcoming witness.

Complaint in the Court

Many children suffering from Erb's syndrome can overcome physical limitations with intense physical therapy every day. Some may require surgery to fix torn or damaged nerve fibers. However, a large percentage of children are not able to recover in any way and will be forced to live with the effects of this birth injury for the rest of their 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 amount of compensation.

Your lawyer will collaborate with doctors that specialize in treating this condition to develop the lifetime cost of living estimate. This determines the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also assist you get copies of your child's medical records, and look into whether the doctor who performed surgery on your child's care had a record of malpractice cases.

If your lawyer has a good understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery process, which includes exchanging evidence, including expert opinions, depositions and medical documents and more. This is a vital part of your legal action as it allows both sides to develop their arguments. Settlements can last up to one year.

Settlement

If your lackawanna erb's palsy law firm palsy suit is successful, your lawyer may be able get compensation to cover medical expenses and future costs for treatment, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will have to collect evidence to prove the malpractice that caused your child's brachial plexus injury which could include medical documents, witness statements, and expert testimony. Once your attorney has gathered the evidence, they'll start a lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are then given a specific amount of time to respond. In this discovery phase each side will gather evidence to back up their claims.

Most lawsuits are settled outside of court rather than going to trial as it is cheaper for everyone involved. If your lawyer is confident they can win at trial, they may decide to pursue the case all the way to an appeals court verdict. A successful verdict can give families a sense of justice and help spread awareness about how to prevent future birth injuries. If your verdict isn't favorable you may appeal. Although this process may take longer however, it could also increase the amount of the compensation you receive.