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Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family get closure. However, the process of litigation is complicated and requires experienced legal representation.

A successful lawsuit could grant your family members compensation for child's medical bills and future treatment. 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 in a settlement depends on the specific situation of your child and the severity of their injuries but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both the plaintiff and defendant will work together to find an acceptable settlement to both parties. This can drastically cut down on the legal process and save your family from having to face an attorney or a jury. If your family members are unable to agree on a settlement and you are unable to reach a settlement, you must go to the court. This could take a long time, but it can also potentially result in a higher amount.

The brachial nerves control the movement of the arm. Forcing the neck, head shoulders or arms during labor and delivery -like when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves and lead to Erb's palsy. This type of injury is usually prevented. Families are suing to hold negligent healthcare providers accountable for the harm they cause. They also wish to spread awareness of this birth injury that could have been prevented. In the past the lawsuits have helped families secure an appropriate financial settlement to help their child get back on track.

Mediation or Arbitration

If your child sustained a brachial plexus injury during birth due to medical negligence, an Erb's settlement could help you pay for his or her care. This could include surgeries, therapy, assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court could invalidate a verdict handed down by jurors. Your lawyer and hospital's lawyers will most likely attempt to reach an agreement before the trial begins.

If you are unable agree to a settlement your case will be sent to arbitration. This means that an impartial third party will listen to both sides and determine who wins the lawsuit. This hearing is more informal than a court trial, however, it is crucial to present witnesses and other physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can attend the hearing in person, or you can provide their statements through video conferencing. Subpoenas must be issued in advance to all witnesses to ensure they are aware of the requirement that they attend the hearing. In addition, you must have the addresses of your witnesses and telephone numbers on file in the event that they are needed as witnesses in the future.

A complaint to the court

Many children suffering from Erb's palsy can overcome physical limitations through intensive daily physical therapy. Some may require surgery to repair damaged or separated nerve fibers. However, a substantial proportion of children will not recover in any way and will be left with the handicapping effects of this birth injury for the rest of their lives. Parents who believe their child's Erb's palsy was the result of negligence by a medical professional during the birth procedure have the right to seek an appropriate amount of compensation for the injuries suffered by their child.

To establish the value of your case the lawyer will work with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This helps determine how much you're entitled to from your erb's palsy lawyers palsy settlement. Your lawyer can also help you get copies of your child's medical records, and look into whether the doctor who gave you your child had a previous record of malpractice cases.

If your lawyer has a clear knowledge of the injuries suffered by your child, 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 documents are also included. This is a crucial aspect of your legal proceeding as it allows both sides to construct their arguments. It can take up an entire year before you can negotiate a settlement.

Settlement

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

Your lawyer will have to gather evidence to prove error that caused your child's brachial-plexus injury and may include medical documents, witness statements and expert testimony. Once your attorney has gathered the evidence, they will bring the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants will then be given a specified amount of time to reply to the suit, and during this discovery stage each side will gather additional evidence to back their assertions.

Most lawsuits are settled outside of court instead of going to trial since it is cheaper for all parties involved. If however, your attorney is confident they can win in court, they could choose to take the case to the verdict of a jury. A successful verdict can bring families a sense that justice has been done and increase awareness of how to avoid any future birth injuries. However, if your verdict is not in your favor then you may appeal the decision. While this procedure can take more time but it also increases the amount of the amount you are awarded.