Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family will receive compensation for medical expenses of your child and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain the cost of medical treatment and other expenses. The amount of money that is awarded in a settlement depends on the specific situation of your child and the extent of their injuries, but it can easily go into the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both the plaintiff and defendant will work together to find an agreement that is acceptable to both parties. This can drastically reduce the legal process, and also prevent your family from having to go before an attorney or a jury. If, however, your family members cannot reach an agreement, you'll have to go to trial. This can take a long time however, it could result in a larger award.

The brachial plexus is a group of nerves which control movement within the arm. During labor and birth, excessive forceful pulling of the neck, head, or shoulders or on the arms could damage these nerves, causing Erb's Palsy. This condition is usually avoidable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also wish to spread awareness about the birth injury which could have been avoided. In the past the lawsuits have allowed families to obtain an equitable financial settlement and help their child get back on the right track.

Mediation or Arbitration

If your child was injured while in the womb because of medical negligence and has suffered brachial palsy, an Erb's Settlement for palsy could help you to pay for their medical treatment. This could include surgeries, therapy, assistive devices and treatment.

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

If you fail to reach an agreement, your case will go to arbitration. A neutral third party will hear both sides and Erb's palsy lawsuits decide who wins the case. This hearing is more informal than a court trial however, it is crucial to present witnesses and other physical evidence.

You will also require copies of all legal documents and witnesses to appear at the hearing. Witnesses are able to present at the hearing in person or you can provide their statements via video conferencing. Subpoenas must be issued in advance to all witnesses in order that they are aware the requirement that they attend the hearing. Additionally, you must have their addresses and phone numbers on file in case they're called as witnesses in the future.

Complaints in Court

Many children suffering from Erb's syndrome can overcome their physical limitations with daily physical therapy. Some children require surgery to repair the torn nerve fibers. A large percentage of children are not able to recover and will have to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to fair compensation.

To establish the value of your case, your lawyer will work with doctors who specialize in treating these ailments to create a cost-of-living estimate. This will allow you to determine the amount of compensation you're entitled to through your Erb's settlement for palsy. Your lawyer can also help you obtain copies of your child’s medical records, and look into whether or not the doctor who delivered your child's treatment had a previous history of malpractice cases.

When your lawyer is aware of the injuries of your child, she will start a lawsuit against defendants. Both parties will go through the discovery process that involves exchanging evidence, including expert opinions, depositions, additional medical records and more. This is an important part of your legal case as it allows you to develop your arguments. Settlements can last for erb's Palsy lawsuits up to one year.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer may be able to get compensation for medical expenses and future costs for treatment, including adaptive devices and physical therapy. You could be awarded damages due to emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove the error that caused the brachial plexus injury to your child that could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, they will file a lawsuit against the defendants. These are usually the medical professionals that provided your child with. The defendants will be given a certain period of time to respond to the lawsuit, and during the discovery phase, both sides will gather additional evidence to support their assertions.

Most lawsuits are settled out of court rather than go to trial, as it's cost-effective for all parties involved. If your lawyer is confident that they will prevail in the case in court it could be decided to try to get the 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 happening in the future. If the verdict isn't favorable you can appeal. While this process can take more time, it can also increase the amount of the amount you are awarded.