Erb's Palsy Litigation

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

If you win your lawsuit, your family can receive compensation for medical bills of your child and future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

The most popular reason families start 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 and the particular case. It could easily be millions of dollars.

Many of the lawsuits involving Erb's Psy have been settled without court. The lawyers for both plaintiff and defendant will collaborate to negotiate a settlement that is acceptable to both parties. This can significantly shorten the legal process and save your family from facing an attorney or a jury. If your family members are unable to reach an agreement on a settlement and you are unable to reach a settlement, you must appear in the court. This can take a considerable amount of time, but can also result in a larger amount.

The brachial plexus is a group of nerves which control movement within the arm. A forceful pull on the neck, head arms or shoulders during labor and delivery -such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can cause damage to these nerves, causing Erb's palsy. In many instances, the injury can be prevented. Families are suing to make negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about the birth injury which could have been prevented. In the past these lawsuits have helped families obtain an appropriate settlement in order to ensure their child's future.

Arbitration or Mediation

If your child was injured during the womb as a result of medical negligence, and suffered from brachial sprains, an Erb's Palsy settlement can help you cover the cost of their treatment. This can include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a judge could invalidate a verdict handed down by the jury. Your lawyer and the hospital attorneys will most likely seek to negotiate a settlement before the trial gets underway.

If you fail to reach an agreement, your case will be sent to arbitration. A neutral third party will consider both sides and determine who wins the case. This hearing is more informal than a court trial but it is important to present witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. Witnesses may be required to attend the hearing in person, or they can give their testimony through video conference. Subpoenas must be sent in advance to all witnesses in order that they are aware the requirement to attend the hearing. In addition, you must have the addresses of your witnesses and phone numbers in case in case they're called to testify in the future.

Complaint in the Court

Many children suffering from Erb's Palsy can overcome their physical limitations with intensive daily physical therapy. Some children will require surgery to repair the torn nerve fibers. However, a large percentage of children don't recover to any measurable degree and will be left with the handicapping effects of this birth injury for the rest of their lives. Parents who believe their child's Erb's paralysis 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 establish the value 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 determines the amount you are entitled to receive from the Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records, and look into whether the doctor who treated your child's diagnosis had a prior record of malpractice cases.

Once your lawyer has a thorough understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will undergo the discovery phase that involves exchanging evidence such as expert opinions, depositions and Vimeo medical documents, and so on. This is an essential part of your legal defense because it allows you to develop your case. It could take up to one year to negotiate a settlement.

Settlement

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

Your lawyer will have to collect evidence to prove the error Vimeo that caused your child's brachial-plexus injury and may include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, he will start a lawsuit against defendants. They are typically the medical professionals that delivered your child. The defendants are then given a set amount of time to respond. During this discovery phase each side will collect evidence to prove its case.

Most lawsuits are settled out of court, rather than going to trial due to the fact that it is cost-effective for all parties involved. If your lawyer believes that they can win in court, they could choose to take the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and can help increase awareness to prevent these kinds of injuries from occurring in the future. However, if your verdict is not in your favor then you may appeal the decision. While this process could take longer however, it could also increase the amount of the compensation you receive.