7 Secrets About Erb's Palsy Settlement That No One Will Tell You

Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial injury can bring your family and you closure. The process of litigation is complicated and requires an experienced lawyer.

A successful lawsuit could grant your family compensation for your child's medical expenses and future treatment. Find out more about the Erb's Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain reimbursement for medical expenses and other losses. The amount of money offered in a settlement will depend on your child's specific case and the extent of their injuries, but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can drastically cut down on the legal process and save your family from having to appear before a judge or jury. If your family is unable reach an agreement on a settlement then you'll need to go to the court. This could take a long amount of time, but can also result in a larger settlement.

The brachial plexus is a group of nerves that control movement in the arm. When you are pregnant excessive forceful pulling on the neck, head, or shoulders or on arms, could result in damage to these nerves and cause Erb's Palsy. In many cases, this injury is preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past these lawsuits have helped families receive an appropriate financial settlement to help their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial plexus during pregnancy due to medical negligence, Erb's Palsy Lawsuits an Erb's palsy settlement can help you to pay for the care. This could include surgeries, therapy, assistive devices and treatment.

Many lawsuits are settled outside of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge might overturn a decision made by the jury. Your lawyer and the hospital's lawyers will most likely try to come to an agreement before the trial starts.

If you're not able to reach a settlement the case will be taken to arbitration. A neutral third party will hear both sides and determine who wins the case. This kind of hearing could be more informal than a trial, but it's crucial to present witnesses and evidence in the hearing.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can present at the hearing in person or you can submit their statements through video conferencing. You must ensure that all of your witnesses are aware that they will be required to attend the hearing by submitting subpoenas in advance. Additionally, you should have your witnesses' addresses and phone numbers on file in case they are called to testify in the future.

A complaint to the court

Many children suffering from Erb's palsy can overcome physical limitations through daily physical therapy. Some children will require surgery to repair the torn nerve fibers. Many children are never able to recover and must continue to live their lives with the effects of this birth injury. Parents who believe that their child's Erb's palsy was due to medical negligence during the birth process have the right to claim fair compensation for their child's injuries.

To determine the value of your case, your lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and look into whether or not the doctor who treated your child's diagnosis had a prior record of malpractice cases.

Once your lawyer has a clear knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of the legal process as it allows both sides to construct their arguments. It could take up to one year to settle a case.

Settlement

If your Erb's Palsy lawsuit is successful, erb's palsy lawsuits your lawyer might be able to secure compensation to cover medical expenses and future costs for treatment which include adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of living.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements as well as expert testimony. Once your attorney has gathered the evidence, they will make a claim against the defendants, who are usually the medical professionals who gave your child. The defendants will be given a certain amount of time in which to respond to the suit, and during this discovery phase both sides will collect additional evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial, as it's more cost-effective for the parties involved. If your attorney is convinced that they will prevail in the case in court it could be decided to go to an appeal to a jury verdict. A successful verdict in a birth injury lawsuit can give families a sense of justice and raise awareness to prevent these kinds of injuries from happening again in the future. If your verdict is not favorable you may appeal. Although this process may take more time but it also increases the amount of the amount you are awarded.