Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family get closure. However, the litigation process is complex and requires skilled legal representation.

If you win your lawsuit, your family could receive compensation for medical bills of your child and future treatment. Learn more about the Erb's syndrome lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to recover compensation for medical costs and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific situation. It could easily be millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both the plaintiff and defendant work together to find an acceptable settlement to both parties. This could cut down the legal process by a significant amount and keep your family from having a judge or jury decide the case. If your family is not able to come to a deal, you will need to appear in court. It can take a long time, however, it could result in a higher award.

The brachial plexus is a set of nerves that regulate movement in the arm. During labor and birth excessive forceful pulling of the neck, head, or shoulders or on the arms can damage these nerves, causing Erb's palsy. This injury is often prevented. Families file a lawsuit to make healthcare professionals who are negligent 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 obtain an equitable settlement in order to ensure their child's future.

Arbitration or Mediation

If your child has suffered an injury to the brachial plexus during pregnancy due to medical negligence, an Erb's Palsy settlement can help to pay for the treatment. This may include treatment, therapy as well as assistive devices and operations.

Many lawsuits settle outside of court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and hospital's lawyers will likely attempt to reach an agreement prior to the trial begins.

If you are unable to reach an agreement, the case will be sent to arbitration. A neutral third party will listen to both sides and decide who wins the case. This hearing is more informal than a court trial however it is vital to provide witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can either invite your witnesses to attend the hearing or give statements using video conferencing. Subpoenas should be sent in advance to all witnesses in order that they are aware of the requirement that they attend the hearing. Also, keep the names of witnesses' telephone numbers and addresses on file, in case you need to contact them for an upcoming witness.

Complaint to the Court

Many children with Erb's -Pallsy can overcome physical limitations with intense daily physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a significant proportion of children don't recover to any measurable degree and will have to live with the limitations of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

To determine the worth of your case Your lawyer will work with specialists in treating these conditions to develop a life-long cost-of-living estimate. This will help determine the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor responsible for your child's birth had a history of similar malpractice cases.

When your lawyer is aware of the injuries suffered by your child, she will start a lawsuit against defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial aspect of the legal process because it gives both sides the chance to build their arguments. Settlements can take as long as one year.

Settlement

If your lawsuit against Erb's Palsy is successful your lawyer might be able obtain compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices in addition to physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records as well as witness statements as well expert testimony. Once your lawyer has collected the evidence, he or she will file a lawsuit against the defendants. They are typically the medical professionals that provided your child with. The defendants are then given a certain amount of time to respond. In this phase of discovery the parties will gather evidence to support their claims.

Most lawsuits settle out of court rather than going to trial, as it's more cost-effective for all parties involved. If your attorney is convinced that they can win the case in court they may decide to pursue it to the jury for a verdict. A successful verdict could bring families a sense that justice has been done and raise awareness about how to prevent future birth injuries. If, however, your verdict is not in your favor then you may appeal the decision. The process could take longer, but it will increase the amount you are awarded.