Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial-plexus injury can bring your family and you closure. The process of litigation is complicated and requires an experienced lawyer.

If you win your lawsuit, your family can be awarded compensation for the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to recover 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 particular case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can drastically cut down on the legal process and save your family from having to go before jurors or judges. If, however, your family cannot agree on a settlement you will have to go to trial. This could take a long time but it could also result in a bigger award.

The brachial nerves control the movement of the arm. Forceful pulling on the head, neck, arms, or shoulders during labor and deliveryfor example, when doctors employ forceps or vacuum extractors excessively -- can harm the 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 that they cause. They also seek to raise awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families obtain an appropriate financial settlement to get their child's life back on path.

Arbitration or Mediation

If your child suffered an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's palsy settlement can help to pay for the treatment. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation quicker and reduces the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and hospital's lawyers will likely attempt to negotiate a settlement prior to when the trial gets underway.

If you're not able to agree to a settlement the case will be taken to arbitration. This means that an impartial third party will be able to hear both sides and determine who wins the case. This type of hearing is more informal than a court case, however it is vital to present witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. Witnesses can present at the hearing in person or you can submit their statements via video conferencing. You must ensure that all your witnesses are aware that they are required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have the addresses of your witnesses and telephone numbers on file in the event that they are needed as a witness in the future.

Complaints in the Court

Many children who suffer from Erb's palsy can overcome their physical limitations by daily physical therapy. Some children will require surgery to repair torn nerve fibers. Many children are never able to recover and must continue to live their lives suffering from the effects of this birth injury. Parents who believe their child's Erb's palsy was the result of negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for the injuries suffered by their child.

To determine the worth of your case, Erb's palsy your lawyer will work with doctors who specialize in treating these conditions to create a cost-of-living estimate. This will help determine the amount you're entitled to from your erb's palsy attorney palsy settlement. Your lawyer can also assist you get copies of your child’s medical records, and investigate whether the doctor who treated your child had a previous experience of malpractice.

Once your lawyer has identified the child's injuries, she will start a lawsuit against defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal proceedings since it allows both sides to present their case. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to get compensation that covers medical costs 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 require evidence to prove that malpractice caused the injury to the brachial nerve in your child. This could include medical records as well as witness statements as well expert testimony. Once your lawyer has collected the evidence, he will bring a lawsuit against the defendants. These are usually the medical professionals who delivered your child. The defendants are then given a set amount of time to respond. During this discovery phase the parties will gather evidence to prove its case.

Most lawsuits are settled out of court instead of going to trial because it is cost-effective for all parties involved. However, if your attorney is confident that they will prevail at trial, they may decide to pursue the case all the way to a verdict by a jury. A successful verdict in a birth injury lawsuit can give families a sense justice and help raise awareness in order to prevent these types of injuries from happening in the future. If your verdict is not favorable you may appeal. While this process could take more time but it also can increase the amount of compensation you receive.