Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may help you and your family get closure. However, the litigation process is complex and requires expert legal representation.

A successful lawsuit could award your family compensation for your child's medical expenses and future treatment. Find out more about the Erb's Palsy Law Firms palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to seek compensation for medical costs and other losses. The amount of money offered in a settlement will depend on your child's specific case and the severity of their injuries, however, it can easily rise to the 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 satisfactory to both parties. This could speed up the legal process significantly and save your family from having a judge or jury decide on their case. However, if 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 could also result in a larger settlement.

The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling on the neck, head, shoulders or on the arms, can cause damage to these nerves, leading to Erb's palsy. In many cases, this injury is preventable. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of the birth injury that 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 track.

Mediation or Arbitration

If your child was injured in the womb due to medical negligence, and suffered from brachial palsy, an erb's palsy lawyers settlement for palsy can help pay for their treatment. This could include treatment, therapy, assistive devices, and procedures.

Many lawsuits settle without court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely seek to negotiate a settlement prior to the trial beginning.

If you're not able to reach a settlement, your case will proceed to arbitration. A neutral third party will listen to both sides and determine who wins the case. This kind of hearing could be more informal than a trial, however it is crucial to present physical evidence and witnesses for the proceedings.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to attend the hearing in person or you can submit their statements via video conference. Subpoenas must be issued in advance to all witnesses in order that they are aware the requirement that they attend the hearing. Additionally, you must have their addresses and phone numbers in case in the event that they are needed as witnesses in the future.

Complaints in Court

Many children who suffer from Erb's syndrome can overcome their physical limitations by daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. However, a significant number of children will not recover in any significant way and will be forced to live with the handicaps of this birth injury for the rest of their life. Parents who believe their child's Erb's paralysis was the result of negligence by a medical professional during the birth process have the right claim fair compensation for the injuries suffered by their child.

To determine the value of your case your lawyer will collaborate with doctors who are experts in treating these ailments to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist to obtain copies of your child’s medical records, and also determine whether or not the doctor who delivered your child had a previous history of malpractice cases.

Once your lawyer has identified the child's injuries then she will bring a lawsuit against the defendants. Both parties will go through the discovery process that involves exchanging evidence like expert opinions, Erb's Palsy Law Firms depositions, additional medical records and more. This is a vital part of your legal action since it allows both sides to develop their arguments. It can take as long as an entire year before you can reach a settlement.

Settlement

If your Erb's palsy lawsuit is successful your lawyer might be able to get compensation to pay for medical expenses including future treatment costs, adaptive devices and physical therapy. You could 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, which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, he will start a lawsuit against defendants. They are typically the medical professionals that gave your child. The defendants are then given a set amount of time to respond. In this discovery phase, each side will gather evidence to support its claims.

Most lawsuits are settled outside of court, rather than going to trial as it is cost-effective for all parties involved. However, if your attorney is confident that they will prevail in court, they could choose to take the case all the way to a jury verdict. A successful verdict can give families a sense of justice and raise awareness about ways to avoid future birth injuries. If the verdict isn't favorable you may appeal. The process could take longer, but can increase the amount you receive.