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Erb's Palsy Litigation

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

If you win your lawsuit, your family could receive compensation for the medical bills of your child as well as future treatment. Read on to learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the particular case. It could easily reach millions of dollars.

Many erb's palsy attorneys palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This can significantly shorten the legal process and save your family from having to appear before the jury or judge. If your family is unable reach an agreement on a settlement and you are unable to reach a settlement, you must appear in court. This can take a considerable amount of time, however it can also result in a larger amount.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head, shoulders or arms during labor and deliveryfor example, when doctors use forceps or vacuum extractors excessively -- can damage these nerves and cause Erb's palsy. This condition is usually avoidable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about this birth injury that could have been prevented. In the past these lawsuits have helped families get an equitable financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child suffered an injury to the brachial area during the womb as a result of medical negligence, an Erb's settlement could help you pay for their treatment. This could include therapy, treatment devices, assistive devices, and operations.

Many lawsuits are settled out of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a judge overturning a jury verdict. Your lawyer and hospital's attorneys will likely try to reach an agreement prior to the trial gets underway.

If you are unable to reach an agreement, your case will be referred to arbitration. This means that a neutral third party will hear both sides and determine who will win the case. This kind of hearing could be more informal than a trial, however it's crucial to present witnesses and evidence for the proceedings.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can either have your witnesses attend the hearing or present their statements via videoconferencing. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas before the hearing. In addition, you must have their addresses and telephone numbers on file in the event that they are needed as a witness in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome their physical limitations by intense physical therapy every day. Some children may require surgery to repair torn nerve fibers. However, a significant proportion of children don't recover to any measurable degree and will be left with the handicaps of this birth injury for the rest of their life. Parents who believe that their child's Erb's palsy was due to negligence in the delivery process have the right to claim fair compensation for their child's injuries.

To determine the worth of your case, your lawyer will work with specialists in treating these ailments to develop a lifetime cost-of-living estimate. This is used to determine how much you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records and investigate whether the doctor responsible for your child's birth had a history of similar malpractice cases.

If your lawyer has a clear understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal case because it allows you to develop your arguments. It can take as long as one year to settle a case.

Settlement

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

Your lawyer will need evidence to prove that a mistake caused the brachial plexus injury in your child. This could include medical records and witness statements, as well as expert testimony. Once your lawyer has collected the evidence, he will start a lawsuit against defendants. They are typically the medical professionals who have delivered your child. The defendants will be given a specified period of time to respond to the lawsuit, and during this discovery stage each side will gather additional evidence to support their claims.

Most lawsuits settle out of court, instead of going to trial because it's cost-effective for all parties involved. If your attorney is convinced that they will win the case in court it could be decided to go to the jury. A successful verdict in a birth injury lawsuit could provide families with a sense justice and can help increase awareness to prevent these kinds of injuries from happening in the future. If your verdict is not favorable to you then you may appeal the decision. The process could take longer, but it will raise the amount you receive.