Are You In Search Of Inspiration? Check Out Erb's Palsy Settlement Erb's Palsy Litigation

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


A successful lawsuit can award your family members compensation for your child's medical bills as well as future treatment. Find out more about the Erb's palsy litigation process.

The Legal Process

The most frequent reason families pursue an Erb's-related lawsuit is to seek 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 severity of their injuries, but can easily soar into the millions of dollars.

Many of the lawsuits involving Erb's Psy settle without court. The lawyers of both the plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This can shorten the legal process by a significant amount and spare your family from having a judge or jury decide on their case. However, if your family cannot agree on the terms of settlement, you'll need to go to trial. This could take a long amount of time, but could also result in a bigger settlement.

The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head, or shoulders, or on the arms can cause nerve damage, resulting in Erb's palsy. This condition is usually preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to raise the word about this birth injury which could have been prevented. In the past, these lawsuits have allowed families to obtain a fair financial settlement and help their child get back on course.

Arbitration or Mediation

If your child was injured while in the womb because of medical negligence, and suffered from brachial paralysis, an Erb's Palsy settlement could help you to pay for their medical treatment. This could include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle outside of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a court could reverse a verdict given by the jury. Your lawyer and the hospital's lawyers are likely to attempt to negotiate an agreement prior to the trial begins.

If you are unable to come to a deal your case will be sent to arbitration. This means that a neutral third party will listen to both sides and determine who wins the case. This hearing is more informal than a court trial however it is vital to present witnesses and other physical evidence.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses present at the hearing in person, or you can submit their statements via video conferencing. Subpoenas must be sent in advance to all witnesses so they are aware of the requirement to be present at the hearing. Keep the numbers of your witnesses and addresses on file, in case you need to call them as an upcoming witness.

Complaint in Court

Many children suffering from Erb's palsy can overcome physical limitations through intensive daily physical therapy. Some will require surgery to fix torn or damaged nerve fibers. However, a significant number of children are not able to recover to any measurable degree and will be forced to live with the effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create an annual cost of living estimate. This will allow you to determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also help you get copies of your child’s medical records, and look into whether the doctor who gave you your child's diagnosis had a prior medical malpractice case.

When your lawyer is aware of the injuries of your child then she will file a lawsuit against the defendants. erb's palsy attorney meridian will be involved in the discovery phase that involves exchanging evidence, including expert opinions, depositions, medical records and more. This is an essential aspect of your legal case because it allows you to construct your case. It can take up an entire year before you can settle a case.

Settlement

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

Your lawyer must gather evidence to prove the malpractice that caused your child's brachial plexus injury that could include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he will file a lawsuit against the defendants. These are usually the medical professionals who gave your child. The defendants are then given a certain amount of time to reply. In this discovery phase each side will collect evidence to back up their claims.

Most lawsuits are settled out of court rather than going to trial since it is more cost-effective for all parties involved. If however, your attorney is confident that they will prevail in court, they could choose to take the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice and can help increase awareness in order to prevent these types of injuries from occurring in the future. However, if your verdict is not in your favor, you can appeal the decision. This process may take longer, but it could raise the amount you receive.