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

Flora Erb's palsy law firm Palsy Litigation

Legal action following the injury to your child's brachial plexus may help you and your family to find closure. The litigation process can be complicated and requires an experienced lawyer.

If you win your lawsuit, your family can receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb's palsy litigation procedure.

The Legal Process

The most common reason families bring an renton erb's palsy lawsuit palsy suit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on your child's specific case and the severity of their injuries, however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and defendant work together to reach an agreement that pleases both parties. This can significantly speed up the legal process and save your family from facing the jury or judge. If your family is unable 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 bigger amount.

The brachial plexus is a set of nerves that control movement in the arm. Forcing the neck, head arms, or shoulders during labor and deliverylike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also seek to raise awareness about the birth injury that could have been prevented. In the past these lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on track.

Arbitration or Mediation

If your child was injured in the womb due to medical negligence and has suffered brachial palsy, an Erb's Palsy settlement can help you to pay for their medical treatment. This could include treatment, therapy devices, assistive devices, and surgeries.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court overturning a jury verdict. Your lawyer and hospital's lawyers are likely to try to reach a settlement prior to when the trial begins.

If you are unable reach a settlement, your case will proceed to arbitration. A neutral third party will be able to hear both sides and determine who wins the case. This type of hearing can be more informal than a trial, however it's crucial to present witnesses and evidence in the hearing.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to attend the hearing in person, or you can present their testimony through video conferencing. You must ensure that all witnesses are aware that they will be required to appear at the hearing by submitting subpoenas prior to the hearing. You must also keep your witnesses' numbers and addresses on file, in case you have to contact them as an upcoming witness.

Complaints in Court

Many children who suffer from Erb's palsy can overcome physical limitations with regular physical therapy. Some may require surgery to fix torn or separated nerve fibers. A large number of children do not recover and are forced to live suffering from the effects of this birth injury. Parents who believe that their child's Erb's paralysis was the result of medical negligence during the birth process are entitled to claim fair compensation for their child's injuries.

To determine the value of your case, your lawyer will work with doctors who specialize in treating these ailments to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child’s medical records, and look into whether truth or consequences erb's palsy attorney not the doctor who delivered your child's care had a history of malpractice cases.

If your lawyer has a clear understanding of the harms your child has suffered and the child's injuries, she will make a claim against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal defense because it allows you to construct your case. Settlements can last up to one year.

Settlement

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

Your lawyer will have to collect evidence to prove the negligence that caused the brachial plexus injury to your child that could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, he or she will file a lawsuit against the defendants. These are usually the medical professionals who delivered your child. The defendants are then given a set period of time to respond. In this discovery phase, each side will gather evidence to back up their claims.

Most lawsuits are settled out of court rather than go to trial, as it's cost-effective for all parties involved. If however, your attorney is confident they can win at trial, they may 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 raise awareness about ways to avoid future birth injuries. However, if the verdict is not favorable to you then you may appeal the decision. This procedure could take longer, but it could increase the amount you receive.