The Story Behind Erb s Palsy Settlement Will Haunt You Forever

Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family may receive compensation for medical bills of your child and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon the particular situation of your child as well as the severity of their injuries however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers representing both the plaintiff and the defendant will work together to find a settlement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from facing the jury or judge. However, if your family members cannot reach the terms of settlement, you'll need to go to trial. This can 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 within the arm. Forcing the head, neck, arms or shoulders during labor and birth- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families get a fair financial settlement and help their child get back on the right track.

Mediation or Arbitration

If your child was injured in the womb due to medical negligence and suffered brachial palsy, an Erb's Palsy settlement can help you pay for their treatment. This could include therapy, surgery, assistive devices and treatment.

Many lawsuits settle without court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a court could invalidate a verdict handed down by a jury. Your lawyer and hospital's lawyers are likely to try to reach a settlement prior to when the trial begins.

If you're unable to reach a settlement the case will be taken to arbitration. This means that a neutral third party will take in both sides and decide who wins the case. This type of hearing can be more informal than a trial, but it's important to present witnesses and evidence for the proceedings.

You will also need copies of all legal documents and witnesses to be present at the hearing. You can either invite your witnesses to attend the hearing or present their testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses so they are aware the requirement to attend the hearing. Additionally, you should have your witnesses' addresses and contact numbers on file in case they're called to testify in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome their physical limitations with intense physical therapy every day. Some will require surgery to repair torn or separated nerve fibers. Many children are not able to recover and will have to live with the consequences of this birth injury. Parents who believe their child's Erb's syndrome was the result of negligence in the delivery process are entitled to claim fair compensation for their child's injuries.

Your lawyer will work with doctors who specialize in treating this condition to create an estimated cost of living for life estimate. This will help you determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records, and look into whether or not the doctor who performed surgery on your child's diagnosis had a prior history of malpractice cases.

If your lawyer has a clear understanding of the injuries of your child, she will make a claim against the defendants. Both parties will go through the discovery process that involves exchanging evidence such as expert opinions, depositions and medical records, and Erb's palsy Lawsuits more. This is an important part of your legal argument because it allows you to build your arguments. Settlements can take as long as one year.

Settlement

If your Erb's palsy lawsuit is a success your lawyer could be able obtain compensation to pay for medical expenses, future treatment costs and adaptive devices in addition to physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need to gather evidence to prove the negligence that caused the brachial plexus injuries to your child and may include medical records, witness statements and expert testimony. After your lawyer has gathered this evidence, they will bring the lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants are then given a set period of time to respond. In this phase of discovery each side will collect evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial due to the fact that it's more cost-effective for everyone involved. If your attorney is confident that they will prevail in the case in court it could be decided to pursue it to the jury. A successful verdict in a birth injury lawsuit can give families a sense of justice and raise awareness and prevent these types of injuries from happening again in the future. If your verdict is not favorable to you then you may appeal the decision. This could take a bit longer, but it could increase the amount you get.