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 award your family members compensation for your child's medical bills as well as future treatment. Learn more about the Erb’s palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to seek reimbursement for medical expenses and other losses. The amount of money awarded in a settlement will depend on the specific situation of your child and the severity of their injuries but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers for both plaintiff and the defendant will come together to negotiate an agreement that is acceptable to both parties. This could cut down the legal process considerably and spare your family from having a judge or jury decide on their case. However, if your family is unable to reach an agreement, you'll have to go to trial. This can take a significant amount of time, but could also result in a bigger amount.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling on the head, neck or Erb's Palsy lawsuits shoulders or on the arms can cause damage to these nerves, leading to Erb's Palsy. This injury is often preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also seek to increase awareness about this birth injury which could have been prevented. In the past, these lawsuits helped families secure an equitable financial settlement to support their child's future.

Arbitration or Mediation

If your child sustained an injury to the brachial area during birth due to medical negligence, an Erb's Palsy settlement can help you pay for their care. This may include treatment, therapy aids, assistive devices, as well as surgeries.

Many lawsuits settle outside of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely try to come to an agreement before the trial gets underway.

If you're not able to settle your dispute your case will be sent to arbitration. This means that a neutral third party will be able to hear both sides and determine who will win the case. This type of hearing is more informal than a court trial but it is important to present witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to present at the hearing in person or they can give their testimony through video conference. Subpoenas should be sent in advance to all witnesses in order they are aware the requirement that they attend the hearing. Additionally, you must keep your witnesses' addresses and phone numbers in case in case they're called as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's Palsy can overcome physical limitations through regular physical therapy. Some will require surgery to repair sprained or damaged nerve fibers. However, a significant proportion of children don't recover to any measurable degree and will have to live with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair amount of compensation.

Your lawyer will work with doctors who are experts in treating this condition to produce a lifetime cost of living estimate. This helps determine how much you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also help to obtain copies of your child’s medical records, and look into whether the doctor who treated your child's care had a experience of malpractice.

Once your lawyer has a solid knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will be involved in the discovery phase which includes exchanging evidence, including expert opinions, depositions and medical records and more. This is an important part of your legal defense because it allows you to develop your arguments. Settlements can take as long as one year.

Settlement

If your Erb's palsy lawsuit is a success your lawyer might be able to obtain compensation to pay for medical costs as well as future treatment costs. adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove the error that caused the brachial plexus injuries to your child and may include medical documents, witness statements and expert testimony. Once your lawyer has gathered this evidence, they'll start a lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are then given a specific period of time to respond. During this discovery phase each side will gather evidence to back up their claims.

Most lawsuits are settled out of court instead of going to trial, since it's more cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case in court it could be decided to go to the jury for a verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice, and also help to raise awareness to prevent these types of injuries from happening again in the future. If, however, your verdict is not favorable to you, you can appeal the decision. While this procedure can take more time but it also can increase the amount of the compensation you receive.