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erb's palsy lawyer Palsy Litigation

Taking legal action in the aftermath of your child's brachial-plexus injury can bring you and your family closure. The litigation process can be complex and requires an experienced lawyer.

If you prevail in your lawsuit, your family may be awarded compensation for the medical bills of your child and future treatment. Find out more about the erb's palsy attorney syndrome lawsuit procedure.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular situation. It could easily be millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both plaintiff and the defendant will come together to negotiate a settlement that is acceptable to both parties. This can drastically reduce the legal process, and also prevent your family from having to face a judge or jury. However, if the family members cannot reach a settlement you will have to go to trial. This can take a significant amount of time, but could also result in a larger award.

The brachial complex is a collection of nerves that control movement within the arm. The forceful pulling of the neck, head arms, or shoulders during labor and deliverysuch as when doctors employ forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. In many cases, this injury is preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past these lawsuits helped families get an equitable financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child suffered an injury to the brachial area in the womb due to medical negligence, an Erb's Palsy settlement can help to pay for the care. This could include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and eliminates the possibility that a court could overturn a verdict awarded by a jury. Your lawyer and the hospital's lawyers are likely to attempt to negotiate a settlement before the trial starts.

If you cannot reach an agreement, the case will be sent to arbitration. This means that a neutral third party will take in both sides and determine who will win the lawsuit. This type of hearing is more informal than a court trial however it is vital to have witnesses present and physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can have your witnesses attend the hearing or give testimony via video conferencing. Subpoenas must be issued in advance to all witnesses in order that they are aware of the requirement that they attend the hearing. Also, keep your witnesses' numbers and addresses on file, in case you need to contact them for witnesses in the future.

Complaints in the Court

Many children who suffer from Erb's syndrome can overcome their physical limitations with daily physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. However, a significant number of children will not recover to a significant degree and will be left with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

To determine the value of your case the lawyer will work with doctors who are experts in treating these conditions to develop a lifetime cost-of-living estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and investigate whether the doctor who treated your child's diagnosis had a prior record of malpractice cases.

Once your lawyer has identified the child's injuries then she will make a claim against the defendants. Both sides go through 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 case because it allows you to build your arguments. Settlements can last for up to one year.

Settlement

When your Erb's palsy lawsuit 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 may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will have to gather evidence to prove the error that caused the brachial plexus injury to your child which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered this evidence, they'll bring the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants will be given a set amount of time to respond to the suit, and during the discovery phase, both sides will gather additional evidence to back their claims.

Most lawsuits are settled out of court, rather than going to trial since it is cheaper for everyone involved. If however, your attorney is confident that they will prevail at trial, they may choose to take the case to an appeals court verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and help raise awareness and prevent these types of injuries from happening again in the future. However, if the verdict is not favorable to you, you can appeal the decision. The process could take longer, but it will raise the amount you receive.