Erb's Palsy Litigation

Legal action after your child's injury to the brachial plexus could aid you and your family members find closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

A successful lawsuit could grant your family members compensation for child's medical bills as well as future treatment. Learn more about the Erb's syndrome lawsuit process.

The Legal Process

Families file lawsuits against Erb's palsy to obtain compensation for medical costs and other expenses. The amount of money offered in a settlement is contingent upon your child's specific case and the severity of their injuries but it can easily go into the millions of dollars.

Many of Erb's palsy lawsuits have been settled out of court. The lawyers representing both the plaintiff and defendant will come together to negotiate a settlement that is acceptable to both parties. This can significantly speed up the legal process and avoid your family from having to face a judge or jury. If, however, your family members are unable to agree on the terms of settlement, you'll need to go to trial. It can take a long time, but it can also potentially result in a higher award.

The brachial nerves regulate the movement of the arm. A forceful pull on the head, neck, shoulders or arms during labor and birthlike when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. This type of injury is usually preventable. Families seek to make negligent healthcare providers accountable for the harm they cause. They also seek to raise awareness about this birth injury that could have been avoided. In the past the lawsuits have helped families obtain an equitable financial settlement and help their child get back on the right track.

Arbitration or Mediation

If your child was injured during the womb as a result of medical negligence and has suffered brachial paralysis, an Erb's Settlement for palsy could help you pay for their care. This could include treatment, therapy as well as assistive devices and procedures.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely attempt to reach an agreement prior to the trial gets underway.

If you're unable to settle your dispute the case will be taken to arbitration. This means that an impartial third party will listen to both sides and decide who wins the lawsuit. The hearing may be more informal than a trial, but it's crucial to present witnesses and evidence in the hearing.

You will also need copies of all legal documents as well as witnesses to present at the hearing. You can witness your witnesses attend the hearing or provide their statements using video conferencing. Subpoenas must be sent in advance to all witnesses so they are aware of the requirement to attend the hearing. Keep the names of witnesses' telephone numbers and addresses on file in case you need to call them as witnesses in the future.

Complaint in Court

Many children suffering from smithville erb's palsy lawsuit syndrome can overcome physical limitations with intense physical therapy every day. Some children require surgery to repair damaged nerve fibers. Many children will never recover and have to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

Your lawyer will work with doctors who are experts in treating this condition to produce a lifetime cost of living estimate. This helps determine how much you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also help you obtain copies of the medical records for your child and investigate whether the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.

When your lawyer has a thorough understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, Vimeo.Com which includes expert opinions and depositions. Additional medical records are also included. This is an important part of your legal case as it allows you to build your arguments. Settlements can take up to one year.

Settlement

If your healdsburg erb's palsy lawyer palsy suit is successful, your lawyer could be able to secure compensation that covers medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need to gather evidence to prove malpractice that caused your child's brachial-plexus injury which could include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, they will file a lawsuit against the defendants. They are typically the medical professionals that have delivered your child. The defendants are then given a set time frame to respond. In this discovery phase, each side will gather evidence to prove its case.

Most lawsuits are settled outside of court, rather than going to trial since it is cost-effective for everyone involved. If however, your attorney believes they will win in court, they might decide to pursue the case to a verdict by a jury. A successful verdict in an injury lawsuit for birth can give families a sense justice and raise awareness in order to prevent these types of injuries from happening again in the future. However, if your verdict is not in your favor, you can appeal the decision. While this procedure can take longer however, it could also increase the amount of the compensation you receive.