Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may help you and your family get closure. However, the process of litigation is complicated and requires experienced legal representation.

If you win your lawsuit, Erb's palsy lawsuit your family can be awarded compensation for the medical bills of your child and future treatment. Find out more about the Erb's-Palsy lawsuit process.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the specific case. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and Erb's palsy lawsuit the defendant work together to reach an agreement that is satisfactory to both parties. This can shorten the legal process significantly and keep your family from having a judge or jury decide the case. If your family is unable agree on a settlement then you'll need to appear in the court. This can take a lot of time, however it can also result in a larger amount.

The brachial complex is a collection of nerves which control movement within the arm. When you are pregnant excessive forceful pulling on the head, neck or shoulders, or on the arms can cause nerve damage, resulting in Erb's Palsy. This injury is often prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past these lawsuits have helped families obtain an equitable financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child sustained an injury to the brachial area during the womb as a result of medical negligence, an Erb's palsy settlement can help pay for their care. This could include surgery, therapy aidive devices, and treatment.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a judge might overturn a decision made by a jury. Your lawyer and the hospital's attorneys will likely seek a settlement before the trial gets underway.

If you are not able to reach an agreement, your case will be referred to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This type of hearing can be more informal than a trial, but it is important to provide witnesses and evidence for the proceedings.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can invite your witnesses to the hearing or present their statements through video conferencing. You must ensure that all your witnesses are aware they will be required to appear at the hearing by submitting subpoenas prior to the hearing. You must also keep your witnesses' phone numbers and addresses on file in case you need to contact them for a future witness.

Complaint in the Court

Many children who suffer from Erb's syndrome can overcome their physical limitations with regular physical therapy. Some will require surgery to repair damaged or separated nerve fibers. However, a significant number of children don't recover in any significant way and must 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's palsy was due to medical negligence during the birth procedure have the right to seek an appropriate amount of compensation for their child's injuries.

To determine the value of your case, your lawyer will work with doctors who specialize in treating these ailments to come up with a lifetime cost-of living estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s settlement for palsy. Your lawyer can also help you obtain copies of the medical records for your child and investigate whether the doctor who performed your child's birth had an history of similar malpractice cases.

If your lawyer has a clear understanding of the harms your child has suffered and the child's injuries, she will bring a lawsuit against the defendants. Both sides will undergo the discovery phase, which includes exchanging evidence, including expert opinions, depositions, additional medical documents and more. This is an essential part of your legal proceedings since it allows both sides to construct their arguments. It could take up to one year to settle a case.

Settlement

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

Your lawyer will have to gather 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 attorney has gathered the evidence, they'll start a lawsuit against the defendants, who are typically the medical professionals who gave your child. The defendants will then be given a set amount of time in which to respond to the suit, and during this process of discovery each side will gather additional evidence to support their claims.

Most lawsuits are settled out of court rather than going to trial, as it's more cost-effective for all parties involved. If however, your attorney is confident they can win in court, they could decide to pursue the case to a verdict by a jury. A successful verdict could give families a sense of justice and raise awareness about how to prevent future birth injuries. However, if the verdict is not favorable to you, you can appeal the decision. This process may take longer, but it could increase the amount you get.