Erb's Palsy Litigation

Legal action in the aftermath of your child's plexus brachial injury can help bring your family and you closure. The process of litigation is complicated and requires a skilled lawyer.

A successful lawsuit could grant your family members compensation for child's medical bills as well as future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

The most frequent reason for families to file an erb's palsy lawyer palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on the particular situation of your child as well as the extent of their injuries, but it could easily reach the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from facing 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 bigger amount.

The brachial plexus is a group of nerves that control movement within the arm. Forceful pulling on the head, neck, shoulders or arms during labor and delivery- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage these nerves and cause erb's palsy lawsuit palsy. This condition is usually preventable. Families file lawsuits to make negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness of this birth injury which could have been prevented. In the past, these lawsuits helped families secure an appropriate financial settlement that helped their child's future.

Mediation or Arbitration

If your child suffered an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's settlement can help pay for their care. This can include surgeries, therapy aidive devices, and treatment.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a judge could overturn a verdict awarded by jurors. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement before the trial begins.

If you are not able to reach an agreement, your case will be taken to arbitration. A neutral third party will listen to both sides and decide who will win the case. This hearing is more informal than a court case, however it is vital to provide witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can either witness your witnesses attend the hearing or give testimony via video conferencing. Subpoenas should be sent in advance to all witnesses so that they are aware of the requirement to attend the hearing. In addition, you must have the addresses of your witnesses and contact numbers on file in case they are called as witnesses in the future.

Complaint to the Court

Many children with Erb's Palsy can overcome physical limitations through intense physical therapy every day. Some will require surgery to repair damaged or separated nerve fibers. A significant number of children are never able to recover and must continue to live suffering the effects of this birth injury. Parents who believe their child's Erb's palsy was due to negligence in the delivery procedure have the right to claim fair compensation for their child's injuries.

Your lawyer will work with doctors who specialize in treating this condition. They will create a lifetime cost of living estimate. This will help determine the amount you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also assist you get copies of the medical records for your child and investigate whether the doctor involved in the birth of your child had an history of similar malpractice cases.

Once your lawyer understands the injuries suffered by your child she will make a claim against the defendants. Both sides will go through the discovery phase, which includes exchanging evidence like expert opinions, depositions, medical records, and more. This is a vital part of your legal action as it allows both sides to develop their arguments. Settlements can last up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to get compensation for medical expenses and future treatment costs 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 evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records and witness statements as well as expert testimony. Once your lawyer has collected the evidence, he or she will start a lawsuit against defendants. They are typically the medical professionals that gave your child. The defendants will then be given a specified amount of time to respond to the suit, and during this discovery stage both sides will gather additional evidence to support their assertions.

Most lawsuits are settled out of court instead of going to trial, because it's more cost-effective for the parties involved. If your attorney is convinced that they can win the case at trial they may decide to take it to the jury for a verdict. A successful verdict can provide families with a sense of justice and raise awareness about ways to avoid future birth injuries. However, if the verdict is not in your favor it is possible to appeal the decision. The process could take longer, but it could increase the amount you are awarded.