Erb's Palsy Litigation

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

A successful lawsuit could grant your family compensation for your child's medical bills and any 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 seek compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the specific case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both plaintiff and defendant come together to negotiate an acceptable settlement to both parties. This can drastically reduce the legal process, and also prevent your family from having to face the jury or judge. If your family is unable reach an agreement on a settlement and you are unable to reach a settlement, you must appear in the court. This could take a long amount of time, but can also result in a bigger amount.

The brachial complex is a collection of nerves that regulate movement in the arm. The forceful pulling of the neck, head, arms, or shoulders during labor and deliveryfor example, when doctors employ forceps or Erb's Palsy vacuum extractors excessively -- can cause damage to these nerves and cause Erb's palsy. In many cases, this injury is preventable. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise awareness about the birth injury that could have been avoided. In the past, these lawsuits have helped families obtain a fair settlement in order to ensure their child's future.

Arbitration or Mediation

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

Many lawsuits are settled outside of court. This means that plaintiffs can receive compensation quicker and eliminates the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital's lawyers will most likely attempt to reach an agreement before the trial gets underway.

If you are unable to come to a deal the case will go 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, but it's important to present physical evidence and witnesses for the hearing.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can have witnesses present at the hearing in person, or they can give their testimony via video conference. Subpoenas must be sent in advance to all witnesses in order they are aware of the requirement that they attend the hearing. You must also keep the names of witnesses' telephone numbers and addresses in the file in case you have to contact them for an upcoming witness.

A complaint to the court

Many children suffering from Erb's palsy can overcome their physical limitations with daily physical therapy. Some children require surgery to repair damaged nerve fibers. However, a significant proportion of children will not recover in any way and will have to live with the effects 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 claim an appropriate amount of compensation for their child's injuries.

To establish the value of your case, your lawyer will work with doctors who specialize in treating these ailments to create a cost-of-living estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and investigate whether the doctor involved in the birth of your child had an history of similar malpractice cases.

When your lawyer is aware of the child's injuries she will make a claim against the defendants. Both sides will go through the discovery process that involves exchanging evidence such as expert opinions, depositions medical records, Erb's palsy and more. This is a crucial aspect of your legal proceeding as it allows both sides to present their case. It could take up to a year to settle a case.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to secure compensation that covers medical expenses and future treatment costs which include adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer will need to gather evidence to prove the error that caused your child's brachial-plexus injury and may include medical documents, witness statements, and expert testimony. Once your lawyer has gathered this evidence, they'll make a claim against the defendants, who are usually the medical experts who delivered your child. The defendants are given a set amount of time to respond to the suit, and during the discovery phase both sides will collect additional evidence to support their assertions.

Most lawsuits are settled outside of court, rather than going to trial since it is more cost-effective for everyone involved. If however, your attorney is confident they can win in court, they could choose to take the case all the way to a jury verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and can help increase awareness in order to prevent these types of injuries from occurring in the future. If the verdict isn't favorable you can appeal. While this procedure can take longer however, it could also increase the amount of compensation you receive.