Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could aid you and your family get closure. The litigation process can be complicated and requires an experienced lawyer.

A successful lawsuit can award your family compensation for child's medical expenses and future treatment. Learn more about the Erb's palsy litigation process.

The Legal Process

Families file Erb's Palsy lawsuits to seek compensation for medical costs and other losses. The amount of money offered in a settlement depends on the specific situation of your child and the extent of their injuries, but can easily soar into the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that pleases both parties. This can significantly shorten the legal process and prevent your family from having to face the jury or judge. If your family is not able to agree on a settlement then you'll need to go to the court. This could take a long amount of time, but could also result in a larger amount.

The brachial nerves control the movement of the arm. Forcing the neck, head shoulders or arms during labor and birthsuch as when doctors use forceps or vacuum extractors excessively -- can cause damage to these nerves, causing Erb's palsy. This type of injury is usually prevented. Families file lawsuits to hold negligent healthcare providers accountable for lawsuits the harm they cause. They also seek to raise awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families obtain a fair financial settlement and get their child's life back on path.

Arbitration or Mediation

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 his or her care. This may include treatment, therapy aids, assistive devices, as well as procedures.

Many lawsuits settle without court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's attorneys will likely try to come to an agreement prior to the trial beginning.

If you are unable to come to a deal 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 kind of hearing could be more informal than a trial, however it's crucial to present witnesses and evidence for the hearing.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to attend the hearing in person, or you can submit their statements via video conference. Subpoenas need to be sent in advance to all witnesses so that they are aware of the requirement that they attend the hearing. You must also keep your witnesses' phone numbers and addresses in the file in case you need to contact them as an upcoming witness.

Complaints in Court

Many children with Erb's Palsy are able to overcome physical limitations by intense physical therapy every day. Some will require surgery to repair sprained or separated nerve fibers. A significant number of children are not able to recover and will have to live with the consequences of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

To determine the worth of your case your lawyer will collaborate with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer will also help you obtain copies of the medical records for your child and lawsuits determine if the doctor responsible for the birth of your child had prior experience with similar malpractice cases.

When your lawyer has a good understanding of your child's injuries after which she will file a lawsuit against the defendants. Both parties will go through the discovery phase which includes exchanging evidence including expert opinions, depositions, additional medical records, and more. This is an essential part of your legal proceeding as it allows both sides to construct their arguments. Settlements can take as long as one year.

Settlement

If your lawsuit against erb's palsy attorneys Palsy is a success your lawyer could be able to secure compensation to cover medical expenses for future treatment, future costs for treatment and adaptive devices along with physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial area in your child. This could include medical records as well as witness statements as well expert testimony. Once your lawyer has collected the evidence, they will start a lawsuit against defendants. They are typically the medical professionals that have delivered your child. The defendants are then given a specific time frame to respond. In this phase of discovery the parties will gather evidence to support their claims.

Most lawsuits are settled outside of court rather than go to trial, because it's more cost-effective for the parties involved. If however, your attorney is confident they can win in court, they could decide to pursue the case all the way to the verdict of a jury. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice, and also help to raise awareness to prevent these kinds of injuries from occurring in the future. If your verdict is not favorable you may appeal. This procedure could take longer, but it will increase the amount you are awarded.