Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can bring you and your family closure. However, the process of litigation is complicated and requires experienced legal representation.

A successful lawsuit could award your family members compensation for your child's medical bills and any future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to obtain compensation for Vimeo medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular case. It could easily amount to millions of dollars.

Many forest park erb's palsy law firm palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can speed up the legal process by a significant amount and keep your family from having a jury or judge decide their case. If your family is unable to reach an agreement on a settlement the family will have to go to court. This could take a long amount of time, but can also result in a larger settlement.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head, shoulders or arms during labor and birth- such as when doctors use forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. This type of injury is usually avoidable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to spread 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 plexus during birth due to medical negligence, an Erb's palsy settlement could help you pay for their treatment. This could include therapy, surgery aidive devices, and vimeo treatment.

Many lawsuits settle without court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and the hospital's attorneys will likely attempt to negotiate a settlement before the trial gets underway.

If you are not able to reach an agreement, the case will be taken to arbitration. This means that a neutral third party will hear both sides and decide who wins the case. This type of hearing can be more informal than a trial, but it is important to provide physical evidence and witnesses for the proceedings.

You will also require copies of all legal documents as well as witnesses to present at the hearing. Witnesses may be required to attend the hearing in person, or they can give their testimony via video conferencing. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas ahead of time. Additionally, you should have their addresses and phone numbers in case in case they are called to testify in the future.

Complaints in Court

Many children who suffer from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some may require surgery to repair damaged or separated nerve fibers. However, a substantial proportion of children will not recover in any significant way and will be left with the handicaps of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb's palsy was the result of medical negligence during the delivery process have the right to claim an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition to produce an annual cost of living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor who performed the birth of your child had a history of similar malpractice cases.

If your lawyer has a clear knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal proceedings since it allows both sides to develop their arguments. It can take up to one year to reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to obtain compensation that covers medical expenses and future costs for treatment, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the brachial plexus injury in your child. This may include medical records and witness statements as well as expert testimony. Once your attorney has gathered this evidence, they'll start a lawsuit against the defendants, which are usually the medical professionals who gave your child. The defendants are then given a certain period of time to respond. In the discovery phase the parties will gather evidence to back up their claims.

Most lawsuits settle out of court, rather than going to trial, because it's cheaper for all parties involved. If your attorney is confident that they can win the case at trial they may decide to try to get a jury verdict. A successful verdict could give families a sense justice and help educate people about how to prevent future birth injuries. If, however, your verdict is not favorable to you it is possible to appeal the decision. While this procedure can take longer but it also increases the amount of the amount you are awarded.