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Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial-plexus injury can bring you and your family closure. The process of suing can be complicated and requires a skilled lawyer.

If you prevail in your lawsuit, your family could receive compensation for the medical bills of your child as well as future treatment. Find out more about the Erb's palsy litigation procedure.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to recover 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 specific case. It could easily amount to millions 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 is acceptable to both parties. This could cut down the legal process considerably and keep your family from having a judge or jury decide the case. If your family members are unable to agree on the terms of settlement, you'll need to go to trial. This can take a considerable amount of time, but can also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling on the neck, head, or shoulders or on the arms, can cause nerve damage, resulting in Erb's palsy. In many instances, the injury can be prevented. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness of this birth injury which could have been prevented. In the past these lawsuits have helped families obtain an appropriate financial settlement to get their child's life back on course.

Arbitration or Mediation

If your child was injured by an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's palsy settlement could help you pay for their treatment. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits settle out of court. This allows plaintiffs receive compensation faster and prevents the possibility of a court in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys are likely to seek a settlement prior to when the trial gets underway.

If you are unable to reach an agreement, the case will go to arbitration. A neutral third party will consider both sides and decide who will win the case. This hearing is more informal than a court case, but it is important to provide witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. Witnesses are able to present at the hearing in person, or you can provide their statements via video conferencing. Subpoenas must be issued in advance to all witnesses in order they are aware of the requirement that they attend the hearing. Additionally, you should have the addresses of your witnesses and phone numbers on file in the event that they are needed to testify in the future.

Complaints in the Court

Many children with Erb's -Pallsy are able to overcome physical limitations by intense daily physical therapy. Some may require surgery to fix torn or separated nerve fibers. A large percentage of children are never able to recover and must continue to live with the effects of this birth injury. Parents who believe their child's Erb's syndrome was due to negligence in the delivery procedure have the right to claim fair compensation for the injuries suffered by their child.

To establish the value of your case, your lawyer will work with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records and determine if the doctor who performed your child's birth had an history of similar malpractice cases.

Once your lawyer has a good knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides will undergo the discovery phase which involves exchanging evidence such as expert opinions, depositions, medical records, and more. This is an essential aspect of your legal argument because it allows you to build your case. It can take up one year to arrive at a settlement.

Settlement

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

Your lawyer must gather evidence to prove the error that caused the brachial plexus injury to your child and may include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will file a lawsuit against the defendants. These are usually the medical professionals that delivered your child. The defendants will then be given a specified amount of time to reply. In this discovery phase each side will gather evidence to support their claims.

Most lawsuits are settled out of court rather than go to trial, because it's more cost-effective for all parties involved. If your attorney is convinced that they'll win the case in court they may decide to pursue it to a jury verdict. A successful verdict could give families a sense of justice and raise awareness about ways to avoid future birth injuries. If your verdict isn't favorable you can appeal. The process could take longer, but it can increase the amount you are awarded.