Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family to find closure. However, the process of litigation is complex and requires skilled 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 procedure.

The Legal Process

The most common reason for families to start an columbus erb's palsy attorney Palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on the particular case of your child and the extent of their injuries, but it could easily reach the millions of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. Lawyers for Vimeo.com the plaintiff and 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 jurors or judges. However, if your family members cannot reach a settlement you will have to go to trial. This could take a long amount of time, but it could also result in a larger award.

The brachial nerves regulate the movement of the arm. A forceful pull on the neck, head arms or shoulders during labor and delivery -such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves, causing Erb's palsy. This type of injury is usually preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to spread awareness of this birth injury which could have been prevented. In the past these lawsuits have helped families secure an affordable financial settlement and get their child's life back on path.

Mediation or Arbitration

If your child was injured while in the womb because of medical negligence and was later diagnosed with brachial palsy, an Erb's Palsy settlement could help you cover the cost of their treatment. This can include therapy, surgery as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital attorneys will most likely seek to negotiate a settlement before the trial starts.

If you are unable to reach an agreement, the case will be referred to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This type of hearing can be more informal than a trial, but it's important to present witnesses and evidence for the hearing.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to attend the hearing in person or you can submit their statements via video conference. You must ensure that all of your witnesses are aware they are required to attend the hearing by submitting subpoenas in advance. You should also keep your witnesses' numbers and addresses on file in case you need to contact them for witnesses in the future.

Complaint in the Court

Many children who suffer from Erb's palsy can overcome physical limitations with regular physical therapy. Some children require surgery to repair damaged nerve fibers. A large number of children do not recover and are forced to live their lives suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

To establish the value of your case the lawyer will work with specialists in treating these conditions to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also assist you obtain copies of your child's medical records, and investigate whether or not the doctor who delivered your child's diagnosis had a prior record of malpractice cases.

If your lawyer has a good knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of your legal action since it allows both sides to present their case. It can take up to an entire year before you can negotiate a settlement.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer might be able to obtain compensation to pay for medical expenses for future treatment, future costs for treatment and adaptive devices in addition to physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the injury to the brachial area in your child. This could include medical records and testimony from witnesses as well as expert testimony. After your lawyer has gathered this evidence, they will bring the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants will be given a specific amount of time to respond to the suit, and during the discovery phase both sides will gather additional evidence to prove their assertions.

Most lawsuits are settled out of court rather than going to trial because it is cost-effective for everyone involved. If your lawyer believes they will win in court, they might choose to take the case to a verdict by a jury. 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 occurring in the future. If the verdict you receive is not favorable, you can appeal. The process could take longer, but can raise the amount you receive.