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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 is complicated and requires a skilled lawyer.

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

The Legal Process

The most common 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 situation of your child as well as the severity of their injuries, however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and defendant work together to reach an agreement that is satisfactory to both parties. This can drastically cut down on the legal process, and also prevent your family from having to appear before jurors or judges. If your family is unable reach a settlement and you are unable to reach a settlement, you must go to the court. This can take a long time, but it could also result in a larger award.

The brachial plexus is a group of nerves that control movement within the arm. Forcing the neck, head arms or shoulders during labor and delivery -for example, when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves and cause Erb's palsy. This injury is often preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to raise awareness about the birth injury that could have been avoided. In the past, these lawsuits helped families secure an equitable settlement in order to ensure their child's future.

Arbitration or Mediation

If your child suffered an injury to the brachial area during pregnancy due to medical negligence, an Erb's settlement can help you to pay for the care. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits settle out of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a judge overturning a jury verdict. Your lawyer and the hospital attorneys will most likely try to reach an agreement before the trial gets underway.

If you are unable to agree to a settlement the case will be taken to arbitration. A neutral third party will consider both sides and determine who wins the case. This type of hearing is more informal than a court trial, however it is vital to have witnesses present and physical evidence.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. You can choose to witness your witnesses attend the hearing or submit their statements via videoconferencing. You must ensure that all of your witnesses are aware that they are required to attend the hearing by submitting subpoenas before the hearing. Additionally, you should have the addresses of your witnesses and phone numbers on file in case they're called as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations with regular physical therapy. Some children may require surgery to repair the torn nerve fibers. However, a substantial proportion of children will not recover to any measurable degree and will be left with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's palsy was the result of negligence in the delivery process have the right to seek fair compensation for their child's injuries.

Your lawyer will work with doctors who specialize in treating this condition to develop an estimated cost of living for life estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and look into whether or not the doctor who treated your child's care had a history of malpractice cases.

When your lawyer is aware of the harms your child has suffered she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an important part of your legal defense because it allows you to develop your arguments. It can take up to an entire year before you can negotiate a settlement.

Settlement

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

Your lawyer will need to gather evidence to prove negligence that caused your child's brachial plexus injury which could include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, they'll bring the lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants are then given a set time frame to respond. During this discovery phase, each side will gather evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial as it is cheaper for everyone involved. If however, your attorney is confident they can win at trial, they may choose to take the case all the way to a verdict by a jury. A successful verdict will provide families with a sense of justice and help educate people about how to avoid any future birth injuries. If the verdict isn't favorable, you can appeal. Although this process may take more time but it also increases the amount of compensation you receive.