Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial-plexus injury can bring you and your family closure. However, the process of litigation is complex and requires skilled legal representation.

A successful lawsuit could grant your family compensation for your child's medical bills as well as future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on the specific situation of your child and the extent of their injuries, but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This could speed up the legal process considerably and spare your family from having a jury or judge decide on their case. If your family members are unable to reach a settlement and you are unable to reach a settlement, you must appear in the court. This could take a long time but it can also potentially result in a higher award.

The brachial nerves control the movement of the arm. The forceful pulling of the neck, head, arms or shoulders during labor erb's palsy and deliveryfor example, when doctors utilize forceps, vacuum extractors, or Erb's Palsy other tools excessively -- can harm these nerves, causing Erb's palsy. In many cases, this injury is preventable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness of this birth injury that could have been prevented. In the past these lawsuits have helped families receive a fair financial settlement to help their child's future.

Mediation or Arbitration

If your child sustained an injury to the brachial area in the womb due to medical negligence, an Erb's Palsy settlement can help pay for their care. This can include surgery, therapy, assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will probably seek to negotiate a settlement prior to the trial beginning.

If you are unable come to a deal the case will go to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. The hearing may be more informal than a trial, however it is important to provide physical evidence and witnesses for the hearing.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses attend the hearing in person or you can submit their statements through video conferencing. You must ensure that all of witnesses are aware that they are required to attend the hearing by submitting subpoenas before the hearing. Additionally, you must have your witnesses' addresses and contact numbers on file in case they are required to appear as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some may require surgery to repair damaged or damaged nerve fibers. However, a significant number of children do not recover in any significant way and will have to live with the limitations of this birth injury for life. Parents who believe their child's Erb's palsy was due to medical negligence during the birth process have the right claim fair compensation for their child's injuries.

Your lawyer will work with doctors who are experts in treating this condition to develop an estimated cost of living for life estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and investigate whether the doctor who performed surgery on your child's treatment had a previous history of malpractice cases.

When your lawyer has a good knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will be involved in the discovery phase that involves exchanging evidence such as expert opinions, depositions medical records and more. This is a crucial part of your legal defense because it allows you to build your case. Settlements can last up to one year.

Settlement

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

Your lawyer will need to collect evidence to prove the malpractice that caused your child's brachial-plexus injury that could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, they will make a claim against the defendants. They are typically the medical professionals that gave your child. The defendants will be given a specified period of time to respond to the lawsuit, and during the discovery phase both sides will collect additional evidence to prove their claims.

Most lawsuits are settled out of court instead of going to trial because it is more cost-effective for everyone involved. However, if your attorney is confident that they will prevail in court, they might decide to take the case to a jury verdict. A successful verdict can give families a sense of justice and help spread awareness about how to prevent future birth injuries. However, if your verdict is not in your favor it is possible to appeal the decision. While this procedure can take more time but it also can increase the amount of compensation you receive.