You'll Never Guess This Erb's Palsy Settlement's Tricks

Erb's Palsy Litigation

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

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

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific situation. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and defendant work together to find an agreement that is acceptable to both parties. This can drastically reduce the legal process, and also prevent your family from having to face an attorney or a jury. However, if your family cannot agree on an agreement, you'll have to go to trial. This could take a long time however, it could result in a higher award.

The brachial nerves regulate the movement of the arm. A forceful pull on the head, neck, arms, or shoulders during labor and delivery -- such as when doctors use forceps or vacuum extractors excessively -- can cause damage to the nerves and cause Erb's palsy. In many cases, this injury is preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also wish to spread awareness about the birth injury that could have been prevented. In the past, these lawsuits have helped families obtain an equitable financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured in the womb due to medical negligence and suffered brachial palsy, anErb's Palsy settlement can help you cover the cost of their treatment. This could include therapy, surgery aidive devices, and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital's lawyers are likely to attempt to negotiate a settlement prior to when the trial begins.

If you're not able to reach a settlement the case will be taken to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This hearing is more informal than a court trial, however, it is crucial to have witnesses present and physical evidence.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You may either witness your witnesses attend the hearing or present their statements through video conferencing. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas ahead of time. In addition, you must have their addresses and contact numbers on file in case they are required to appear as a witness in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations with intensive daily physical therapy. Some will require surgery to repair sprained or separated nerve fibers. A significant number of children will never recover and have to live with the consequences of this birth injury. Parents who believe that their child's Erb's palsy was the result of negligence in the delivery process have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

To determine the value of your case the lawyer will work with specialists in treating these conditions to develop a life-long cost-of-living estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records, and look into whether the doctor who treated your child's care had a medical malpractice case.

When your lawyer is aware of the harms your child has suffered then she will bring a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal proceedings because it gives both sides the chance to present their case. It can take as long as one year to reach a settlement.

Settlement

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

Your lawyer must gather evidence to prove the negligence that caused the brachial plexus injury to your child that could include medical records, witness statements, and expert testimony. Once your lawyer has collected the evidence, he will file a lawsuit against the defendants. These are usually the medical professionals who delivered your child. The defendants are given a set amount of time to respond to the suit, and during this discovery phase, both sides will gather additional evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial since it is more cost-effective for everyone involved. However, if your attorney believes they will win at trial, they may decide to pursue the case to a verdict by a jury. A successful verdict in a birth injury lawsuit can give families a sense of justice, and also help to raise awareness to prevent these types of injuries from occurring in the future. If your verdict isn't favorable you may appeal. This could take a bit longer, but it could increase the amount you are awarded.