Why You Should Be Working With This Erb's Palsy Settlement

Erb's Palsy Litigation

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

A successful lawsuit may award your family members compensation for child's medical bills and future treatment. Learn more about the Erb's syndrome lawsuit process.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both the plaintiff and defendant will come together to negotiate an agreement that is acceptable to both parties. This can speed up the legal process significantly and keep your family from having a jury or judge decide the case. If your family cannot agree on a settlement you will have to go to trial. This can take a considerable amount of time, however it can also result in a bigger amount.

The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling of the neck, head, or shoulders or on the arms can cause damage to these nerves, leading to Erb's palsy. This type of injury is usually preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to create awareness of the birth injury that could have been prevented. In the past these lawsuits have allowed families to obtain a fair financial settlement and help their child get back on the right track.

Arbitration or Mediation

If your child was injured by an injury to the brachial plexus in the womb due to medical negligence, an Erb's settlement can help pay for his or her treatment. This could include therapy, treatment as well as assistive devices and procedures.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's lawyers are likely to attempt to negotiate a settlement before the trial starts.

If you're not able to agree to a settlement, your case will proceed to arbitration. A neutral third party will consider both sides and decide who wins the case. This hearing is more informal than a court case, however, it is crucial to present witnesses and other physical evidence.

You will also require copies of all legal documents and witnesses to be present at the hearing. You can have your witnesses attend the hearing or submit their testimony via video conferencing. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas ahead of time. Additionally, you should keep your witnesses' addresses and phone numbers on file in case they are called as a witness in the future.

Complaints in Court

Many children suffering from Erb's Palsy can overcome their physical limitations with regular physical therapy. Some children require surgery to repair damaged nerve fibers. However, a significant number of children will not recover in any way and will have to live with the effects of this birth injury for the rest of their the rest of their lives. 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.

Your lawyer will collaborate with doctors who are experts in treating this condition to develop an annual 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 can also assist you obtain copies of your child’s medical records, and also determine whether or not the doctor who delivered your child's treatment had a previous experience of malpractice.

When your lawyer is aware of the child's injuries, she will bring a lawsuit against the defendants. Both sides will be involved in the discovery phase, which includes exchanging evidence such as expert opinions, depositions, additional medical documents, and so on. This is an essential part of your legal proceeding since it allows both sides to build their arguments. It can take as long as an entire year before you can settle a case.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to obtain compensation that covers medical costs and future treatment costs such as adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will require evidence to prove that a mistake caused the brachial plexus injury in your child. This could include medical records and witness statements, as well as expert testimony. Once your lawyer has gathered the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals who delivered your child. The defendants are given a set amount of time in which to respond to the suit, and during this discovery stage, both sides will gather additional evidence to prove their claims.

Most lawsuits are settled outside of court, rather than going to trial since it is cheaper for everyone involved. If your lawyer is confident that they can win the case at trial they may decide to go to the jury. A successful verdict will give families a sense of justice and increase awareness of how to prevent future birth injuries. If your verdict is not favorable you may appeal. While this process could take longer however, it could also increase the amount of the amount you are awarded.