Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may help you and your family get closure. However, the litigation process is complex and requires skilled legal representation.

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

The Legal Process

Families file lawsuits against beaumont erb's palsy attorney palsy to obtain compensation for medical costs and other losses. The amount of money offered in a settlement will depend on your child's specific case and the severity of their injuries, however, it can easily rise to the thousands of dollars.

Many cases involving Erb's palsy are settled without court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that pleases both parties. This can significantly shorten the legal process and prevent your family from having to go before jurors or judges. If your family members are unable to reach an agreement on a settlement and you are unable to reach a settlement, you must appear in the court. This can take a long time, but it can also potentially result in a higher award.

The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling on the neck, head, shoulders or on the arms, can result in damage to these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families get an appropriate financial settlement to help their child get back on course.

Arbitration or Mediation

If your child has suffered an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's settlement can help you pay for their treatment. This could include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and hospital's lawyers will most likely try to reach an agreement prior to the trial beginning.

If you cannot reach an agreement, your case will be sent to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the case. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence to the hearing.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. Witnesses are able to present at the hearing in person or you can provide their statements through video conference. Subpoenas need to be sent in advance to all witnesses in order they are aware of the requirement to be present at the hearing. Additionally, you should have your witnesses' addresses and contact numbers on file in case they are required to appear as witnesses in the future.

Complaints in the Court

Many children with Erb's Palsy can overcome physical limitations with intense physical therapy every day. Some children will need surgery to repair damaged nerve fibers. A significant number of children will never recover and have to live their lives suffering the effects of this birth injury. Parents who believe their child's herriman erb's Palsy attorney syndrome was due to negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition to develop an annual cost of living estimate. This is used to determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also assist to obtain copies of your child's medical records, and also determine whether or not the doctor who treated your child's care had a record of malpractice cases.

If your lawyer has a thorough knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both parties will go through the discovery phase, which includes exchanging evidence like expert opinions, depositions, medical records, and more. This is a crucial aspect of your legal action because it gives both sides the chance to present their case. Settlements can take as long as one year.

Settlement

If your Erb's palsy suit is successful, your lawyer may be able to obtain compensation for medical costs and future treatment costs including adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will require evidence to prove that malpractice caused the brachial plexus injury in your child. This could include medical records and witness statements as well expert testimony. After your lawyer has collected the evidence, they will make a claim against the defendants, who are typically the medical professionals who gave your child. The defendants will be given a set amount of time to reply to the lawsuit, and during this process of discovery, both sides will gather additional evidence to support their claims.

Most lawsuits settle out of court rather than go to trial, as it's more cost-effective for all parties involved. If your lawyer is confident they can win in court, they might choose to take the case to a jury verdict. A successful verdict will bring families a sense that justice has been done and raise awareness about ways to avoid future birth injuries. If your verdict is not in your favor it is possible to appeal the decision. While this procedure can take more time, it can also increase the amount of the amount you are awarded.

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