What Is It That Makes Erb's Palsy Settlement So Famous?

Erb's Palsy Litigation

The legal process in the aftermath of your child's brachial plexus injury can help bring you and your family closure. The litigation process can be complex and requires an experienced lawyer.

A successful lawsuit could award your family compensation for child's medical bills as well as future treatment. Learn more about the Erb's Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical costs and other expenses. The amount of money awarded is contingent on the severity of your child's injuries and the specific situation. It could easily reach millions of dollars.

Many erb's palsy attorney palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can drastically reduce the legal process and prevent your family from having to go before the jury or judge. If, however, your family members are unable to agree on an agreement, you'll have to go to trial. This could take a long time, however, it could result in a larger award.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head arms or shoulders during labor and deliverysuch as when doctors employ forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. This type of injury is usually preventable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families receive an appropriate financial settlement that helped their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial nerve during birth due to medical negligence, an Erb's Palsy settlement can help pay for his or her care. This can include surgeries, therapy, assistive devices and treatment.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital attorneys will most likely seek to negotiate a settlement before the trial starts.

If you fail to reach an agreement, your case will be referred to arbitration. This means that a neutral third party will be able to hear both sides and determine who wins the case. This hearing is more informal than a court trial however, it is crucial to present witnesses and other physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. You may either invite your witnesses to the hearing or submit their statements through video conferencing. You must ensure that all of your witnesses are aware they are required to attend the hearing by submitting subpoenas before the hearing. Additionally, you must have the addresses of your witnesses and phone numbers in case in the event that they are needed as witnesses in the future.

Complaint to the Court

Many children suffering from Erb's Palsy are able to overcome physical limitations by regular physical therapy. Some children require surgery to repair torn nerve fibers. A large percentage of children are never able to recover and must continue to live suffering from the effects of this birth injury. Parents who believe their child's Erb's paralysis was the result of medical negligence during the birth process have the right seek an appropriate amount of compensation for their child's injuries.

To establish the value of your case your lawyer will collaborate with specialists in treating these conditions to create a cost-of-living estimate. This will help determine the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and determine whether or not the doctor who treated your child's diagnosis had a prior history of malpractice cases.

When your lawyer has a good knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal argument because it allows you to build your arguments. It can take up to a year to negotiate a settlement.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer may be able to secure compensation to cover medical expenses and future treatment costs such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to show that malpractice caused the injury to the brachial nerve in your child. This could include medical records and witness statements as well expert testimony. After your lawyer has collected the evidence, they'll file the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants are then given a set period of time to respond. In this phase of discovery, each side will gather evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial, as it's cost-effective for all parties involved. If however, your attorney believes that they can win in court, they could decide to pursue the case to a verdict by a jury. A successful verdict can bring families a sense that justice has been done and help educate people about how to avoid any future birth injuries. If, however, your verdict is not in your favor then you may appeal the decision. This procedure could take longer, but can increase the amount you get.