Erb's Palsy Litigation

In the aftermath of your child's plexus brachial injury can help bring your family and you closure. The litigation process can be complicated and requires an experienced lawyer.

If you are successful in your lawsuit, your family could receive compensation for the medical expenses of your child and future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

The most common reason for families to pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money offered in a settlement will depend on your child's specific case and the extent of their injuries, but can easily soar into the thousands of dollars.

Many of the cheboygan Erb's palsy lawyer Palsy lawsuits are settled out of court. The lawyers for both the plaintiff and the defendant will work together to find an acceptable settlement to both parties. This can shorten the legal process considerably and prevent your family from having a judge or jury decide their case. However, if the family members cannot reach the terms of settlement, you'll need to go to trial. This can take a considerable amount of time, but it could also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. The forceful pulling of the neck, head arms or shoulders during labor and birthlike when doctors make use of forceps or vacuum extractors excessively -- can damage these nerves, causing Erb's palsy. This injury is often avoidable. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to spread awareness of this birth injury which could have been prevented. In the past these lawsuits allowed families to obtain an appropriate financial settlement to get their child's life back on course.

Arbitration or Mediation

If your child was injured during the womb because of medical negligence and was later diagnosed with brachial sprains, an Erb's Palsy settlement can help you pay for their treatment. This could include therapy, treatment aids, assistive devices, as well as procedures.

Many lawsuits are settled out of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital's attorneys are likely to attempt to negotiate an agreement prior to the trial begins.

If you cannot reach an agreement, the case will be taken to arbitration. This means that a neutral third party will hear both sides and determine who will win the case. This hearing is more informal than a court trial but it is essential to present witnesses and other physical evidence.

You will also need copies of all legal documents and witnesses to present at the hearing. You can choose to invite your witnesses to attend the hearing or provide their statements via videoconferencing. Subpoenas must be issued in advance to all witnesses to ensure that they are aware of the requirement to attend the hearing. Keep your witnesses' phone numbers and addresses on file in case you have to contact them for an upcoming witness.

A complaint to the court

Marney has gathered this evidence, they will file the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are given a specific amount of time to respond to the suit, and during this process of discovery each side will gather additional evidence to prove their claims.

Most lawsuits are settled outside of court, rather than going to trial since it is cheaper for everyone involved. If your lawyer is confident that they will win the case at trial they may decide to try to get an appeal to a jury verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice and help raise awareness to prevent these kinds of injuries from happening in the future. If the verdict isn't favorable you can appeal. While this process can take longer but it also can increase the amount of compensation you receive.