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.

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

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries and the specific situation. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers of both the plaintiff and the defendant will work together to find a settlement that is acceptable to both parties. This can speed up the legal process by a significant amount and prevent your family from having a jury or judge decide the case. If your family is unable come to a deal, you will need to go to court. It can take a long time however, it could result in a larger award.

The brachial complex is a collection of nerves that regulate movement within the arm. A forceful pull on the head, neck, shoulders or arms during labor and birthlike when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and cause Erb's palsy. This injury is often avoidable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness about this birth injury which could have been prevented. In the past, these lawsuits have helped families receive an equitable financial settlement that helped their child's future.

Arbitration or Mediation

If your child has suffered a brachial plexus injury during birth due to medical negligence, an Erb's settlement can help you pay for his or her care. This could include therapy, treatment, assistive devices, and operations.

Many lawsuits are settled outside of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely try to reach an agreement before the trial starts.

If you cannot reach an agreement, the case will go to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This type of hearing is more informal than a court case, however it is vital to present witnesses and other physical evidence.

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

Complaint to the Court

Many children suffering from Erb's Palsy are able to overcome physical limitations by intensive daily physical therapy. Some children may require surgery to repair the torn nerve fibers. However, a substantial proportion of children don't recover in any significant way and will be left with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their Erb's palsy in their child was due to negligence by a medical professional during the birth process are entitled to seek an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors who specialize in treating this condition. They will create a lifetime cost of living estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer will also help you obtain copies of the medical records for your child and investigate whether the doctor involved in your child's birth had prior experience with similar malpractice cases.

When your lawyer is aware of the injuries of your child, 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 an essential aspect of your legal case because it helps you build your case. Settlements can last for 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 may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial area in your child. This may include medical records and witness statements as well as expert testimony. Once your attorney has gathered this evidence, they'll make a claim against the defendants, which are usually the medical experts who delivered your child. The defendants are given a certain amount of time to reply to the suit, and during this discovery stage both sides will gather additional evidence to support their assertions.

Most lawsuits are settled outside of court rather than go to trial, because it's more cost-effective for all parties involved. If however, your attorney believes they will win at trial, they may decide to take the case all the way to the verdict of a jury. A successful verdict in the case of a birth injury lawsuit may give families a sense justice, and also help to raise awareness in order to prevent these types of injuries from happening in the future. If the verdict isn't favorable you can appeal. While this process can take more time but it also can increase the amount of compensation you receive.