The Reasons You'll Want To Read More About Erb's Palsy Settlement

Erb's Palsy Litigation

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

If you win your lawsuit, your family may receive compensation for the medical expenses of your child and future treatment. Find out more about the Erb's Palsy lawsuit process.

The Legal Process

The most popular reason for families to bring an Erb's palsy suit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the particular situation of your child as well as the severity of their injuries, but it can easily go into the millions of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties. This could cut down the legal process significantly and prevent your family from having a judge or jury decide the case. If your family members cannot reach a settlement you will have to go to trial. This could take a long time but it can also potentially result in a higher award.

The brachial plexus is a group of nerves which control movement in the arm. The forceful pulling of the neck, head, arms, or shoulders during labor and birth- such as when doctors use forceps or vacuum extractors excessively -- can harm these nerves and cause Erb's palsy. This type of injury is usually prevented. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness about the birth injury that could have been prevented. In the past these lawsuits have helped families obtain an equitable financial settlement and help their child get back on track.

Arbitration or Mediation

If your child was injured in the womb as a result of medical negligence and suffered brachial palsy, an Erb's Settlement for palsy could help you to pay for their medical treatment. This can include surgery, therapy as well as assistive devices and treatments.

Many lawsuits settle out of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a court might overturn a decision made by jurors. Your lawyer and hospital attorneys will most likely try to come to an agreement prior to the trial beginning.

If you are not able to reach an agreement, the 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 trial but it is important to present witnesses and other physical evidence.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. You can either witness your witnesses attend the hearing or submit their statements using video conferencing. You must ensure that all of your witnesses are aware they will be required to attend the hearing by submitting subpoenas prior to the hearing. You should also keep your witnesses' numbers and addresses on file, in case you need to contact them for a future witness.

Complaint to the Court

Many children who suffer from Erb's Palsy can overcome physical limitations with regular physical therapy. Some children will require surgery to repair the torn nerve fibers. However, a significant proportion of children don't recover in any significant way and will be left with the handicapping 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 delivery process are entitled to fair compensation.

Your lawyer will work with doctors that specialize in treating this condition to produce the lifetime cost of living estimate. This helps determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records, and look into whether or not the doctor Erb's palsy lawsuits who delivered your child's treatment had a previous medical malpractice case.

If your lawyer has a clear understanding of the injuries suffered by your child and the child's injuries, she will start a lawsuit against defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal action as it allows both sides to develop their arguments. It can take up to a year to negotiate a settlement.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer could be able to secure compensation for medical expenses and future treatment costs including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to show that malpractice caused the injury to the brachial plexus in your child. This may include medical records and witness statements, as well as expert testimony. Once your lawyer has collected the evidence, he or she will start a lawsuit against defendants. These are usually the medical professionals who provided your child with. The defendants are then given a specific period of time to respond. In this phase of discovery, Erb's Palsy lawsuits each side will gather evidence to support their claims.

Most lawsuits are settled outside of court, rather than going to trial since it's more cost-effective for everyone involved. However, if your attorney is confident they can win in court, they could decide to pursue the case to an appeals court verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice, and also help to raise awareness to prevent these kinds of injuries from occurring in the future. If, however, your verdict is not in your favor then you may appeal the decision. This procedure could take longer, but can increase the amount you receive.