This Is How Erb's Palsy Settlement Will Look Like In 10 Years' Time

Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family members find closure. The litigation process can be complex and requires an experienced lawyer.

If you win your lawsuit, your family can receive compensation for medical bills of your child and future treatment. Read on to learn more about the Erb's syndrome lawsuit process.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money offered in a settlement will depend on the particular case of your child and the extent of their injuries, but can easily soar into the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can speed up the legal process considerably and keep your family from having a judge or jury decide their case. If your family cannot agree on an agreement, you'll have to go to trial. This can take a long time however, it could result in a higher amount.

The brachial nerves control the movement of the arm. During labor and birth, excessive forceful pulling of the neck, head, shoulders or on arms, could result in damage to these nerves and cause Erb's Palsy. In many instances, the injury is preventable. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to create awareness about this birth injury which could have been avoided. In the past these lawsuits helped families secure a fair financial settlement to support their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial nerve in the womb due to medical negligence, an Erb's Palsy settlement can help you to pay for the treatment. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and hospital's attorneys are likely to attempt to negotiate an agreement before the trial starts.

If you cannot reach an agreement, your case will be referred to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This type of hearing can be more informal than a trial, but it's important to present witnesses and evidence to the hearing.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You may either invite your witnesses to the hearing or give statements via videoconferencing. Subpoenas must be sent in advance to all witnesses so that they are aware the requirement to be present at the hearing. Additionally, you should have the addresses of your witnesses and phone numbers on file in case they are called to testify in the future.

Complaint in the Court

Many children suffering from Erb's Palsy can overcome physical limitations with daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. A significant number of 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 the result of medical malpractice during the birth process are entitled to a fair amount of compensation.

To establish the value of your case, your lawyer will work with specialists in treating these ailments to develop a life-long cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer will also help you obtain copies of the medical records for your child and determine if the doctor who was involved in your child's birth had previous 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 parties will go through the discovery process that involves exchanging evidence like expert opinions, depositions medical records, and more. This is a vital part of the legal process because it gives both sides the chance to present their case. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation for medical expenses and future costs for treatment which include adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will have to gather evidence to prove mistake that led to the brachial plexus injuries to your child, which could include medical records, witness statements, and expert testimony. After your lawyer has collected the evidence, they will file the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants are then given a certain time frame to respond. In this discovery phase each side will gather evidence to support their claims.

Most lawsuits are settled out of court rather than go to trial, because it's more cost-effective for all parties involved. If your lawyer is confident they can win in court, they might decide to pursue the case to a jury verdict. A successful verdict can provide families with a sense of justice and raise awareness about how to avoid any future birth injuries. 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 receive.