The Most Common Erb's Palsy Settlement Mistake Every Newbie Makes

Erb’s Palsy Litigation

Taking legal action in the aftermath of your child’s brachial injury can bring your family and you closure. However, the litigation process is complex and requires expert legal representation.

A successful lawsuit could grant your family compensation for child’s medical bills as well as future treatment. Find out more about the Erb’s Palsy lawsuit procedure.

The Legal Process

Families file Erb’s Palsy lawsuits to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon the specific situation of your child and the severity of their injuries but it could easily reach the millions of dollars.

Many Erb’s palsy lawsuits are resolved outside of court. The lawyers for both plaintiff and defendant collaborate to reach a settlement that is acceptable to both parties. This can drastically reduce the legal process and save your family from having to go before a judge or jury. If your family is unable to reach an agreement, you’ll have to go to trial. It can take a long time, but it can also potentially result in a larger award.

The brachial plexus is a set of nerves which control movement within the arm. A forceful pull on the head, neck, arms, or shoulders during labor and delivery- such as when doctors make use of forceps or vacuum extractors in excess — can damage these nerves, Erb’s palsy lawsuits causing Erb’s palsy. In many instances, the injury can be prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to raise awareness about this birth injury which could have been prevented. In the past, these lawsuits have helped families receive an appropriate financial settlement that helped their child’s future.

Mediation or Arbitration

If your child sustained an injury to the brachial nerve in the womb due to medical negligence, an Erb’s palsy settlement can help pay for his or her care. This can include surgery, therapy as well as assistive devices and treatments.

Many lawsuits settle out of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital’s attorneys will likely attempt to reach an agreement prior to the trial beginning.

If you’re not able to settle your dispute your case will be sent to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This hearing is more informal than a court case, however it is vital to present witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person or they can give their testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure they are aware the requirement to be present at the hearing. Also, keep the numbers of your witnesses and addresses on file in case you have to call them as witnesses in the future.

Complaint to the Court

Many children suffering from Erb’s Palsy can overcome physical limitations through intense daily physical therapy. Some children will require surgery to repair damaged nerve fibers. A large percentage 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 palsy is a result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb’s settlement for palsy. Your lawyer can also help you obtain copies of the medical records for your child and investigate whether the doctor who performed your child’s birth had previous malpractice cases.

Once your lawyer has identified the injuries suffered by your child then she will bring a lawsuit against the defendants. Both sides will go through the discovery process, which includes exchanging evidence including expert opinions, depositions and medical documents, and so on. This is an essential aspect of your legal argument because it helps you build your case. Settlements can take up to one year.

Settlement

If your Erb’s palsy lawsuit is a success your lawyer might be able to get compensation to pay for medical costs including future treatment costs, adaptive devices in addition to physical therapy. You could 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, witness statements, as well as expert testimony. After your lawyer has gathered the evidence, they will file the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants are given a specified amount of time in which to respond to the lawsuit, and during this discovery phase, both sides will gather additional evidence to prove their claims.

Most lawsuits are settled outside of court rather than going to trial as it is cost-effective for everyone involved. If however, your attorney believes they will win in court, Erb’s Palsy lawsuits they could decide to pursue the case to an appeals court verdict. A successful verdict could give families a sense of justice and help educate people about how to avoid any future birth injuries. If your verdict isn’t favorable you can appeal. While this procedure can take longer but it also increases the amount of the compensation you receive.