Ten Myths About Erb's Palsy Settlement That Aren't Always True

Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may help you and your family members find closure. The process of litigation is complex and requires an experienced lawyer.

If you win your lawsuit, your family will receive compensation for the medical expenses of your child and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded in a settlement will depend on the particular situation of your child as well as the severity of their injuries but can easily soar into the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can shorten the legal process by a significant amount and keep your family from having a jury or judge decide on their case. If your family is not able to reach an agreement on a settlement then you'll need to go to court. This can take a lot of time, but can also result in a larger award.

The brachial plexus is a set of nerves that control movement in the arm. Forcing the head, neck, arms, or shoulders during labor and delivery -like when doctors use forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. In many cases, this injury can be prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also wish to spread awareness about this birth injury that could have been avoided. In the past, these lawsuits helped families get an affordable financial settlement that helped their child's future.

Arbitration or Mediation

If your child suffered an injury to the brachial area during the womb as a result of medical negligence, an erb's palsy lawyers palsy settlement can help pay for their care. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle outside of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and hospital attorneys will most likely try to reach an agreement prior to the trial beginning.

If you fail to reach an agreement, the case will go to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This type of hearing is more informal than a court trial however it is vital to have witnesses present and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can invite your witnesses to the hearing or provide their testimony via video conferencing. You must ensure that all of witnesses are aware that they are required to attend the hearing by submitting subpoenas before the hearing. You must also keep your witnesses' phone numbers and addresses in the file in case you have to call them as witnesses in the future.

Complaints in the Court

Many children suffering from erb's palsy law firms Palsy are able to overcome physical limitations by intense daily physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. However, a significant proportion of children are not able to recover in any significant way and will be forced to live with the handicaps of this birth injury for life. Parents who believe that their child's Erb's syndrome was the result of negligence by a medical professional during the birth process have the right seek fair compensation for the injuries suffered by their child.

To establish the value of your case your lawyer will collaborate with specialists in treating these conditions to develop a life-long cost-of-living estimate. This will help determine the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records and investigate whether the doctor involved in the birth of your child had a history of similar malpractice cases.

Once your lawyer understands the harms your child has suffered, she will bring a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a vital part of your legal proceeding since it allows both sides to construct their arguments. It can take as long as an entire year to negotiate a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation to cover medical costs and future treatment costs, including adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove malpractice that caused the brachial plexus injuries to your child and may include medical records, witness statements and expert testimony. Once your attorney has gathered the evidence, they'll make a claim against the defendants, which are usually the medical professionals who gave your child. The defendants will then be given a specified amount of time to respond. In this discovery phase each side will collect evidence to back up their claims.

Most lawsuits settle out of court rather than go to trial because it's cheaper for all parties involved. However, if your attorney believes they will win in court, they could decide to pursue the case all the way to an appeals court verdict. A successful verdict can provide families with a sense of justice and help educate people about how to prevent future birth injuries. However, if your verdict is not favorable to you it is possible to appeal the decision. While this process could take longer but it also increases the amount of the compensation you receive.