Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and your family find closure. The process of suing can be complicated and requires a skilled lawyer.

A successful lawsuit can award your family compensation for your child's medical bills and future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

The most popular 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 will depend on the severity of your child's injuries and the specific case. It could easily reach 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 significantly shorten the legal process and save your family from facing an attorney or a jury. If, however, your family cannot agree on a settlement you will have to go to trial. This can take a considerable amount of time, however it can also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. The forceful pulling of the head, neck, arms, or shoulders during labor and deliverylike when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also wish to spread the word about this birth injury which could have been prevented. In the past, these lawsuits helped families get an affordable financial settlement to support their child's future.

Arbitration or Mediation

If your child suffered an injury to the brachial plexus in the womb due to medical negligence, an Erb's settlement could help you to pay for the care. This could include surgery, therapy as well as assistive devices and treatments.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation faster and eliminates the possibility that a court might overturn a decision made by a jury. Your lawyer and the hospital's lawyers will probably seek to negotiate a settlement before the trial gets underway.

If you are not able to reach an agreement, your case will go to arbitration. A neutral third party will listen to both sides and decide who wins the case. This type of hearing can be more informal than a trial, but it is crucial to present witnesses and Erb's Palsy attorneys evidence to the hearing.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. Witnesses may be required to 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 must attend the hearing by submitting subpoenas ahead of time. Additionally, you must keep your witnesses' addresses and phone numbers in case in case they're called to testify in the future.

Complaints in Court

Many children who suffer from Erb's palsy can overcome their physical limitations by daily physical therapy. Some children will need surgery to repair torn nerve fibers. However, a substantial proportion of children are not able to recover to any measurable degree and must live with the limitations of this birth injury for the rest of their lives. Parents who believe their child's Erb's palsy was the result of negligence in the delivery procedure have the right to seek fair compensation for the injuries suffered by their child.

To determine the worth of your case Your lawyer will work with doctors who specialize in treating these conditions to develop a life-long cost-of-living estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who was involved in the birth of your child had a history of similar malpractice cases.

Once your lawyer understands the child's injuries then she will start a lawsuit against defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal argument because it allows you to construct your arguments. Settlements can last for up to one year.

Settlement

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

Your lawyer will need evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has gathered the evidence, they will bring the lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants will then be given a specified period of time to respond. In the discovery phase each side will collect evidence to prove its case.

Most lawsuits are settled outside of court rather than going to trial because it's more cost-effective for all parties involved. If your attorney is confident that they'll win the case in court, they might decide to go to the jury. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice and Erb's Palsy Law Firm can help increase awareness to prevent these kinds of injuries from occurring in the future. If, however, your verdict is not favorable to you, you can appeal the decision. This process may take longer, but it could increase the amount you receive.