Is Erb's Palsy Settlement The Best There Ever Was?

Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial-plexus injury can bring you and your family closure. However, the litigation process is a bit complicated and requires skilled legal representation.

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

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on the particular case of your child and the severity of their injuries, but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This can drastically reduce the legal process and avoid your family from having to go before an attorney or a jury. If your family is unable to reach a settlement then you'll need to appear in court. This can take a lot of time, but can also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. Forceful pulling on the head, neck, arms, or shoulders during labor and delivery -such as when doctors use forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to spread the word about this birth injury that could have been avoided. In the past the lawsuits have helped families get a fair financial settlement and help their child get back on path.

Mediation or Arbitration

If your child was injured during the womb due to medical negligence and suffered brachial palsy, an Erb's Settlement for palsy could help you pay for their treatment. This can include surgeries, therapy aidive devices, and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement before the trial gets underway.

If you're unable to reach a settlement your case will be sent to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. The hearing may be more informal than a trial, however it's important to present physical evidence and witnesses for the hearing.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to present at the hearing in person or you can present their testimony through video conferencing. You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. Also, keep your witnesses' phone numbers and addresses in the file in case you have to contact them for witnesses in the future.

Complaint in Court

Many children with Erb's Palsy can overcome physical limitations through regular physical therapy. Some will require surgery to repair sprained or damaged nerve fibers. A large number of children will never recover and have to live their lives suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to fair compensation.

To determine the worth of your case, your lawyer will work with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This helps determine how much you're entitled to from the Erb's palsy settlement. Your lawyer will also help you obtain copies of the medical records for your child and investigate whether the doctor who performed your child's birth had prior experience with similar malpractice cases.

When your lawyer is aware of the child's injuries, she will bring a lawsuit against the defendants. Both sides will go through the discovery phase that involves exchanging evidence like expert opinions, depositions, additional medical documents and more. This is an essential aspect of your legal case as it allows you to build your arguments. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able get compensation for medical costs and future treatment costs which include adaptive devices and physical therapy. You may 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 injury to the brachial area in your child. This could include medical records as well as witness statements as well as expert testimony. Once your lawyer has collected the evidence, they will start a lawsuit against defendants. These are usually the medical professionals that gave your child. The defendants will then be given a specific period 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 rather than going to trial because it is cheaper for all parties involved. However, if your attorney is confident that they will prevail in court, they could decide to take the case to the verdict of a jury. A successful verdict in a birth injury lawsuit can give families a sense of justice and help raise awareness and prevent these types of injuries from happening in the future. If your verdict isn't favorable, you can appeal. Although this process may take more time but it also can increase the amount of compensation you receive.