Erb's Palsy Litigation

In the aftermath of your child's brachial injury can bring you and your family closure. However, the litigation process is complicated and requires experienced legal representation.

A successful lawsuit could award your family compensation for child's medical bills as well as future treatment. Find out more about Erb's palsy litigation process.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to seek 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 situation. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically reduce the legal process and avoid your family from facing the jury or judge. However, if the family is unable to reach the terms of settlement, you'll need to go to trial. This can take a significant amount of time, but it could also result in a larger amount.

The brachial plexus is a group of nerves which control movement within the arm. During labor and birth excessive forceful pulling on the neck, head, shoulders, or on the arms, can damage these nerves, causing Erb's Palsy. In many instances, the injury can be prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also wish to spread awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families get a fair financial settlement and get their child's life back on track.

Mediation or Arbitration

If your child was injured during the womb by medical negligence and was later diagnosed with brachial sprains, an Erb's settlement for palsy can help pay for their care. This could include treatment, therapy devices, assistive devices, and surgeries.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a court might overturn a decision made by the jury. Your lawyer and the hospital's attorneys will likely try to reach a settlement before the trial begins.

If you fail to reach an agreement, the case will go to arbitration. This means that a neutral third party will be able to hear both sides and determine who wins the case. This type of hearing can be more informal than a trial, but it is important to provide witnesses and evidence to the hearing.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. You can invite your witnesses to the hearing or submit their statements through video conferencing. You must ensure that all of your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. In addition, you must have the addresses of your witnesses and telephone 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 will require surgery to repair damaged nerve fibers. However, a large percentage of children will not recover to a significant degree and must live with the limitations of this birth injury for the rest of their life. Parents who believe their child's Erb's paralysis was the result of negligence in the delivery process have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

To establish the value of your case the lawyer will work with doctors who are experts in treating these ailments to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you are entitled to through your Erb's palsy settlement. Your lawyer can also assist you get copies of your child’s medical records, and investigate whether the doctor who delivered your child had a previous history of malpractice cases.

When your lawyer is aware of the injuries of your child then she will bring a lawsuit against the defendants. Both parties will be involved in the discovery phase that involves exchanging evidence, including expert opinions, depositions and medical records, and more. This is an essential aspect of your legal case because it allows you to construct your case. It can take as long as an entire year before you can reach a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able get compensation for medical expenses and future costs for treatment, 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 need to gather evidence to prove mistake that led to your child's brachial-plexus injury and Erb's palsy lawsuit may include medical records, witness statements and expert testimony. After your lawyer has gathered the evidence, he or she will bring a lawsuit against the defendants. They are typically the medical professionals who gave your child. The defendants are then given a certain time frame to respond. During this discovery phase each side will collect evidence to support its claims.

Most lawsuits are settled outside of court rather than going to trial because it is more cost-effective for all parties involved. If your lawyer is confident they can win in court, they could choose to take the case to a jury verdict. A successful verdict could provide families with a sense of justice and raise awareness about ways to avoid future birth injuries. However, if your verdict is not in your favor then you may appeal the decision. The process could take longer, but it could increase the amount you receive.