3 Ways In Which The Erb's Palsy Settlement Can Influence Your Life

Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may help you and your family find closure. The process of suing can be complex and requires an experienced lawyer.

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

The Legal Process

Families file lawsuits against Erb's palsy to recover the cost of medical treatment and other expenses. The amount of money awarded is contingent on the severity of your child's injuries and the specific case. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both plaintiff and the defendant will collaborate to reach an agreement that is acceptable to both parties. This can shorten the legal process significantly and keep your family from having a jury or judge decide their case. If your family members are unable to reach an agreement on a settlement, you will need to appear in the court. This can also take a long time, but it can also potentially result in a larger award.

The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling of the neck, head, shoulders, or on the arms could cause nerve damage, resulting in Erb's palsy. The injury is often preventable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness of this birth injury which could have been prevented. In the past these lawsuits have helped families obtain an appropriate financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured during the womb as a result of medical negligence and has suffered brachial palsy, an Erb's settlement for palsy can help pay for their treatment. This could include surgery, therapy as well as assistive devices and treatment.

Many lawsuits are settled out of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys are likely to try to reach an agreement before the trial begins.

If you are not able to reach an agreement, your case will be referred to arbitration. This means that an impartial third party will listen to both sides and decide who will win the case. This type of hearing is more informal than a court trial but it is important to present witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can invite your witnesses to the hearing or submit their statements through video conferencing. You must ensure that all of your witnesses are aware that they are required to attend the hearing by submitting subpoenas in advance. You must also keep the numbers of your witnesses and addresses on file in case you have to contact them for witnesses in the future.

Complaint in the Court

Many children suffering from the condition Erb's-Palsy can overcome physical limitations through intense physical therapy every day. Some children will need surgery to repair the torn nerve fibers. However, a substantial proportion of children are not able to recover to any measurable degree and will have to live with the handicaps of this birth injury for the rest of their life. Parents who believe their Erb's palsy in their child was due to negligence by a medical professional during the birth process have the right to seek fair compensation for their child's injuries.

To determine the worth of your case the lawyer will work with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This determines the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor involved in your child's birth had previous malpractice cases.

Once your lawyer has a solid knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential part of your legal case because it helps you build your case. Settlements can take up to one year.

Settlement

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

Your lawyer will require evidence to prove that negligence caused the injury to the brachial area in your child. This may include medical records and witness statements, as well as expert testimony. After your lawyer has collected this evidence, they will bring the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are given a specific amount of time in which to respond to the lawsuit, and during this process of discovery both sides will gather more evidence to support their assertions.

Most lawsuits are settled out of court instead of going to trial because it is more cost-effective for everyone involved. If your attorney is confident that they will prevail in the case at trial they may decide to go to the jury. A successful verdict in an injury lawsuit for birth can bring families a sense of justice, and erb's Palsy lawsuit also help to raise awareness and prevent these types of injuries from happening in the future. If your verdict is not in your favor then you may appeal the decision. This process may take longer, but it can raise the amount you receive.