Erb's Palsy Litigation

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

A successful lawsuit could grant your family compensation for vimeo child's medical bills and any future treatment. Learn more about the Erb's syndrome lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to seek compensation for medical costs and other expenses. The amount of money that is awarded in a settlement depends on your child's specific case and the severity of their injuries however, it can easily rise to the millions of dollars.

Many cases involving Erb's palsy are settled without court. The lawyers for Vimeo both plaintiff and defendant will collaborate to reach an acceptable settlement to both parties. This can significantly speed up the legal process and save your family from facing a judge or jury. If your family is unable to reach an agreement on a settlement and you are unable to reach a settlement, you must go to the court. This can take a significant amount of time, but can also result in a larger award.

The brachial complex is a collection of nerves that regulate movement within the arm. The forceful pulling of the neck, head, arms or shoulders during labor and delivery -like when doctors employ forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. This injury is often preventable. Families file a lawsuit in order to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past the lawsuits have allowed families to obtain an appropriate financial settlement to get their child's life back on path.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence, and suffered from brachial palsy, anErb's Palsy settlement can help you pay for their care. This can include therapy, surgery as well as assistive devices and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by jurors. Your lawyer and the hospital's attorneys will likely seek to negotiate a settlement before the trial starts.

If you're not able to settle your dispute your case will be sent to arbitration. This means that an impartial third party will take in both sides and determine who will win the case. The hearing may be more informal than a trial, but it is crucial to present physical evidence and witnesses for the hearing.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You can have your witnesses attend the hearing or submit their testimony via video conferencing. Subpoenas must be sent in advance to all witnesses to ensure they are aware the requirement to attend the hearing. You should also keep your witnesses' numbers and addresses on file in case you have to contact them for an upcoming witness.

A complaint to the court

Many children with Erb's -Pallsy are able to overcome physical limitations by intense daily physical therapy. Some children will require surgery to repair the torn nerve fibers. A significant number of children do not recover and are forced to live with the effects of this birth injury. Parents who believe that their child's Erb's syndrome was the result of negligence by a medical professional during the birth process are entitled to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors that specialize in treating this condition to produce the lifetime cost of living estimate. This is used to determine how much you're entitled to from the settlement you received for your st matthews erb's palsy lawyer syndrome. Your lawyer can also assist you get copies of your child's medical records, and investigate whether the doctor who delivered your child's diagnosis had a prior experience of malpractice.

When your lawyer is aware of the child's injuries and the child's injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery phase which includes exchanging evidence, including expert opinions, depositions, additional medical documents and more. This is a vital part of your legal proceeding because it gives both sides the chance to construct their arguments. Settlements can take as long as one year.

Settlement

If your lawsuit against Erb's Palsy is a success your lawyer might be able obtain compensation to pay for medical expenses including future treatment costs, adaptive devices, as well as physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will require evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records, witness statements as well as expert testimony. Once your lawyer has gathered the evidence, they will start a lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will then be given a specified time frame to respond. During this discovery phase each side will collect evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial since it is more cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case in court and decides to take it to the jury for a verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and raise awareness and prevent these types of injuries from happening in the future. However, if your verdict is not in your favor then you may appeal the decision. While this process can take more time, Vimeo it can also increase the amount of the amount you are awarded.