mena erb's palsy lawsuit Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family find closure. However, the litigation process is complicated and requires experienced legal representation.

A successful lawsuit can award your family compensation for child's medical bills as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

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

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can significantly shorten the legal process, and also prevent your family from having to face a judge or jury. If, however, your family is unable to reach the terms of settlement, you'll need to go to trial. This can take a significant amount of time, but can also result in a larger amount.

The brachial nerves regulate the movement of the arm. Forcing the neck, head shoulders or arms during labor and delivery -- such as when doctors use forceps or vacuum extractors excessively -- can damage these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also wish to spread awareness of this birth injury that could have been prevented. In the past these lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child suffered an injury to the brachial area in the womb due to medical negligence, an Erb's settlement can help you pay for their care. This could include treatment, therapy aids, assistive devices, as well as surgeries.

Many lawsuits settle without court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and Erb's palsy hospital's lawyers will probably seek to negotiate a settlement before the trial begins.

If you are unable to come to a deal the case will be taken to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the lawsuit. This type of hearing is more informal than a court case, but it is important to provide witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. You can invite your witnesses to the hearing or provide their statements using video conferencing. You must ensure that all your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas before the hearing. Keep your witnesses' numbers and addresses in the file in case you need to call them as witnesses in the future.

Complaints in Court

Many children suffering from Erb's palsy can overcome physical limitations with intensive daily physical therapy. Some children may require surgery to repair damaged nerve fibers. A large percentage of children will never recover and have to live with the consequences of this birth injury. Parents who believe their child's Erb's palsy was due to medical negligence during the delivery procedure have the right to claim fair compensation for their child's injuries.

Your lawyer will work with doctors who are experts in treating this condition. They will create the lifetime cost of living estimate. This determines the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor responsible for your child's birth had prior experience with similar malpractice cases.

When your lawyer is aware of the injuries of your child, she will make a claim against the defendants. Both sides will go through the discovery process, which includes exchanging evidence including expert opinions, depositions and medical records, and more. This is a crucial part of your legal defense because it allows you to construct your arguments. Settlements can take as long as one year.

Settlement

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

Your lawyer will have to gather evidence to prove the negligence that caused the brachial plexus injury to your child which could include medical documents, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will bring a lawsuit against the defendants. They are typically the medical professionals who delivered your child. The defendants are given a certain amount of time to respond to the lawsuit, and during the discovery phase both sides will collect additional evidence to support their assertions.

Most lawsuits are settled outside of court instead of going to trial since it is cost-effective for all parties involved. If your attorney is convinced that they'll win the case at trial they may decide to pursue it to the jury for a verdict. A successful verdict in an injury lawsuit for birth can give families a sense of justice and raise awareness to prevent these kinds of injuries from happening in the future. However, if the verdict is not favorable to you it is possible to appeal the decision. This procedure could take longer, but it could increase the amount you receive.