Five Lessons You Can Learn From Erb's Palsy Settlement

guadalupe erb's palsy law firm Palsy Litigation

Legal action in the aftermath of your child's brachial plexus injury can bring you and your family closure. The process of litigation is complicated and requires a skilled lawyer.

If you win your lawsuit, your family could receive compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's palsy litigation process.

The Legal Process

Families file Erb's-Palsy lawsuits to seek the cost of medical treatment and other expenses. The amount of money awarded in a settlement is dependent on your child's specific case and the severity of their injuries, but it can easily go into the thousands of dollars.

Many of the Erb's Palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This can shorten the legal process significantly and prevent your family from having a jury or judge decide on their case. If your family is unable to reach an agreement on a settlement the family will have to go to the court. This can take a considerable amount of time, but it could also result in a bigger amount.

The brachial area is a group of nerves that regulate movement within the arm. The forceful pulling of the head, neck, shoulders or arms during labor and birthfor example, when doctors use forceps or vacuum extractors excessively -- can cause damage to these nerves and lead to Erb's palsy. The injury is often avoidable. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness of the birth injury that could have been prevented. In the past these lawsuits allowed families to obtain an affordable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child has suffered an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's palsy settlement can help pay for his or her treatment. This can include surgery, therapy as well as assistive devices and treatment.

Many lawsuits settle without court. This lets plaintiffs receive their compensation faster and prevents the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely attempt to reach an agreement before the trial gets underway.

If you fail to reach an agreement, your case will be referred to arbitration. This means that a neutral third party will take in both sides and decide who wins the lawsuit. The hearing may be more informal than a trial, but it's crucial to present witnesses and evidence for the hearing.

You will also need copies of all legal documents and witnesses to be present at the hearing. Witnesses can present at the hearing in person or you can present their testimony via video conferencing. Subpoenas must be sent in advance to all witnesses in order they are aware the requirement to attend the hearing. You should also keep your witnesses' phone numbers and addresses on file in case you need to contact them for witnesses in the future.

Complaints in Court

Many children suffering from Erb's syndrome can overcome their physical limitations by regular physical therapy. Some may require surgery to repair torn or damaged nerve fibers. Many children do not recover and are forced to live their lives suffering the effects of this birth injury. Parents who believe their Erb's palsy in their child was due to medical negligence during the delivery process are entitled to claim fair compensation for their child's injuries.

Your lawyer will work with doctors who specialize in treating this condition to develop an annual cost of living estimate. This helps determine how much you are entitled to receive from your settlement for Little ferry erb's palsy Lawsuit Palsy. Your lawyer can also help you get copies of your child's medical records and determine whether or not the doctor who performed surgery on your child's treatment had a previous medical malpractice case.

Once your lawyer understands the injuries suffered by your child then she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal case as it allows you to build your arguments. Settlements can take up to one year.

Settlement

If your Erb's Palsy lawsuit is a success, your lawyer might be able to get compensation to pay for medical costs including future treatment costs, adaptive devices, as well as physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial nerve in your child. This could include medical records, witness statements, as well as expert testimony. Once your lawyer has gathered the evidence, they will make a claim against the defendants. They are typically the medical professionals that gave your child. The defendants will then be given a specific amount of time to respond to the lawsuit, and during the discovery phase, both sides will gather more evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial, since it's cheaper for all parties involved. If your lawyer is confident that they can win the case in court they may decide to take it to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense justice and can help increase awareness and prevent these types of injuries from happening in the future. If your verdict is not favorable you can appeal. This could take a bit longer, but it will increase the amount you are awarded.