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Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family members find closure. The process of litigation can be complex and requires an experienced lawyer.

A successful lawsuit can award your family compensation for your child's medical bills as well as future treatment. Find out more about Erb's palsy lawsuit procedure.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the particular case of your child and the severity of their injuries but it could easily reach the millions of dollars.

Many erb's palsy lawyer palsy lawsuits are settled outside of court. The lawyers representing both the plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from having to face an attorney or a jury. If, however, your family cannot agree on the terms of settlement, you'll need to go to trial. This can take a significant amount of time, but can also result in a larger settlement.

The brachial nerves control the movement of the arm. Forcing the head, neck, arms, or shoulders during labor and delivery -like when doctors make use of forceps or vacuum extractors excessively -- can damage these nerves and lead to Erb's palsy. In many cases, this injury can be prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits have allowed families to obtain a fair financial settlement and help their child get back on course.

Arbitration or Mediation

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

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and hospital's lawyers will likely attempt to negotiate a settlement prior to when the trial gets underway.

If you're unable to agree to a settlement the case will be taken to arbitration. A neutral third party will hear both sides and decide who wins the case. This hearing is more informal than a court trial but it is essential to provide witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. Witnesses are able to present at the hearing in person, or you can present their testimony via video conferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas prior to the hearing. Also, keep your witnesses' phone numbers and addresses on file in case you have to call them as a future witness.

Complaint in Court

Many children who suffer from Erb's syndrome can overcome their physical limitations with daily physical therapy. Some children will need surgery to repair damaged nerve fibers. However, a significant number of children don't recover to any measurable degree and will have to live with the handicaps of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's syndrome was the result of negligence by a medical professional during the birth procedure have the right to seek fair compensation for their child's injuries.

To determine the worth of your case, your lawyer will work with doctors who specialize in treating these conditions to create a cost-of-living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer will also help you obtain copies of your child's medical records and determine if the doctor involved in your child's birth had previous malpractice cases.

Once your lawyer has a solid understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will be involved in the discovery phase which involves exchanging evidence such as expert opinions, depositions and medical documents and more. This is a crucial part of your legal argument because it allows you to construct your arguments. Settlements can last for up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to get compensation for medical costs and future treatment costs such as adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer must gather evidence to prove the negligence that caused the brachial plexus injury to your child that could include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, he or she will bring a lawsuit against the defendants. They are typically the medical professionals who delivered your child. The defendants will be given a specific amount of time to reply to the lawsuit. during the discovery phase both sides will gather additional evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial, as it's more cost-effective for the parties involved. If however, your attorney is confident they can win in court, they might choose to take the case to the verdict of a jury. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice and help raise awareness and prevent these types of injuries from happening in the future. If the verdict you receive is not favorable you can appeal. While this process could take longer, it can also increase the amount of compensation you receive.