Ten Erb's Palsy Settlement Myths You Shouldn't Share On Twitter

Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could help you and your family get closure. The process of litigation can be complicated and requires an experienced lawyer.

If you are successful in your lawsuit, your family can receive compensation for the medical expenses of your child as well as future treatment. Find out more about the Erb's-Palsy lawsuit process.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to seek 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 specific situation. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can speed up the legal process considerably and prevent your family from having a jury or judge decide on their case. If your family cannot agree on a settlement you will have to go to trial. This can take a lot of time, but it could also result in a bigger award.

The brachial complex is a collection of nerves that control movement within the arm. A forceful pull on the neck, head shoulders or arms during labor and birthfor example, when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to Erb's palsy. This type of injury is usually prevented. Families seek to hold negligent healthcare providers accountable for Erb's Palsy lawsuit the harm they cause. They also want to spread awareness about the birth injury which could have been avoided. In the past, these lawsuits have helped families obtain an appropriate financial settlement to help their child get back on track.

Arbitration or Mediation

If your child was injured during the womb due to medical negligence and suffered brachial sprains, an Erb's settlement for palsy can help pay for their treatment. This may include treatment, therapy as well as assistive devices and procedures.

Many lawsuits settle without court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a judge could reverse a verdict given by the jury. Your lawyer and hospital's attorneys are likely to attempt to negotiate a settlement prior to when the trial begins.

If you are unable to reach a settlement the case will go to arbitration. This means that a neutral third party will listen to both sides and determine who will win the lawsuit. This type of hearing can be more informal than a trial, but it's crucial to present witnesses and evidence for the proceedings.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. You can choose to invite your witnesses to attend the hearing or provide their statements using video conferencing. You must ensure that all of your witnesses are aware they must attend the hearing by submitting subpoenas before the hearing. Keep the names of witnesses' telephone numbers and addresses on file, in case you have to contact them as an upcoming witness.

Complaints in Court

Many children suffering from Erb's Palsy can overcome their physical limitations by intense physical therapy every day. Some may require surgery to repair damaged or separated nerve fibers. A large percentage of children do not recover and are forced to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb's syndrome was the result of medical negligence during the delivery process have the right to seek fair compensation for their child's injuries.

Your lawyer will collaborate with doctors who specialize in treating this condition to produce an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's settlement for palsy. Your lawyer can also assist you obtain copies of your child's medical records, and investigate whether or not the doctor who performed surgery on your child's treatment had a previous history of malpractice cases.

Once 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 phase that involves exchanging evidence like expert opinions, depositions, medical documents and more. This is a crucial part of the legal process because it gives both sides the chance to present their case. It could take up to an entire year to arrive at a settlement.

Settlement

If your Erb's palsy lawsuit is successful, your lawyer might be able to secure compensation to cover medical expenses as well as future treatment costs. adaptive devices along with physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need to collect evidence to prove the malpractice that caused the brachial plexus injuries to your child that could include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he or she will file a lawsuit against the defendants. They are typically the medical professionals who gave your child. The defendants will be given a specific period of time to respond to the suit, and during the discovery phase both sides will collect more evidence to support their assertions.

Most lawsuits are settled out of court instead of 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 to the verdict of a jury. A successful verdict will bring families a sense that justice has been done and increase awareness of ways to avoid future birth injuries. If your verdict isn't favorable you may appeal. This could take a bit longer, but can increase the amount you are awarded.