Erb's Palsy Litigation

Legal action following the injury to your child's brachial plexus may aid you and your family find closure. However, the process of litigation is complex and requires expert legal representation.

A successful lawsuit could award your family compensation for your child's medical bills and any future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most frequent 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 as well as the specific situation. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers of both the plaintiff and defendant will collaborate to negotiate an acceptable settlement to both parties. This can significantly shorten the legal process, and also prevent your family from having to face an attorney or a jury. However, if the family is unable to reach a settlement you will have to go to trial. This can take a considerable amount of time, but could also result in a larger settlement.

The brachial nerves regulate the movement of the arm. Forcing the head, neck, shoulders or arms during labor and birthsuch as when doctors make use of forceps or vacuum extractors in excess -- can damage these nerves, causing Erb's palsy. The injury is often preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also seek to increase awareness of this birth injury which could have been avoided. In the past these lawsuits allowed families to obtain a fair financial settlement and help their child get back on the right track.

Mediation or Arbitration

If your child was injured in the womb due to medical negligence and has suffered brachial sprains, an Erb's Palsy settlement can help you pay for their care. This could include therapy, surgery aidive devices, and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a judge could reverse a verdict given by the jury. Your lawyer and the hospital attorneys will most likely try to come to an agreement before the trial gets underway.

If you cannot reach an agreement, the case will be sent to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This type of hearing is more informal than a court trial however it is vital to present witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to present at the hearing. Witnesses are able to attend the hearing in person or you can present their testimony via video conference. Subpoenas should be sent in advance to all witnesses in order that they are aware the requirement to attend the hearing. Additionally, you should keep your witnesses' addresses and phone numbers in case in case they're called to testify in the future.

Complaints in the Court

Many children who suffer from Erb's palsy can overcome their physical limitations with intensive daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. However, a significant proportion of children are not able to recover in any way and will be forced to live with the limitations of this birth injury for life. Parents who believe that their child's erb's palsy lawyers palsy was the result of medical negligence during the delivery 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, your lawyer will work with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This determines the amount you're entitled to 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 who was involved in your child's birth had prior experience with similar malpractice cases.

When your lawyer is aware of the harms your child has suffered then she will bring a lawsuit against the defendants. Both parties will go through the discovery process which includes exchanging evidence including expert opinions, depositions and medical documents, and so on. This is an essential part of your legal proceeding because it gives both sides the chance to build their arguments. It could take up to one year to settle a case.

Settlement

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

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial plexus in your child. This may include medical records and testimony from witnesses as well as expert testimony. Once your attorney has gathered this evidence, they will bring the lawsuit against the defendants, who are usually the medical experts who delivered your child. The defendants are given a specified amount of time to respond to the suit, and during this discovery stage both sides will gather additional evidence to support their assertions.

Most lawsuits are settled outside of court rather than go to trial, since it's cost-effective for all parties involved. If your attorney is convinced that they will win the case at trial they may decide to take it to a jury verdict. A successful verdict in a birth injury lawsuit can give families a sense of justice, and also help to raise awareness in order to prevent these types of injuries from occurring in the future. If your verdict is not in your favor, you can appeal the decision. This procedure could take longer, but can increase the amount you receive.