Erb's Palsy Litigation

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

If you are successful in your lawsuit, your family will be awarded compensation for the medical bills of your child and future treatment. Learn more about the Erb's syndrome lawsuit process.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is contingent upon the particular case of your child and the severity of their injuries but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This could speed up the legal process significantly and keep your family from having a judge or jury decide on their case. If your family members are unable to reach an agreement on a settlement the family will have to appear in the court. This can take a long time, but it can also potentially result in a higher award.

The brachial nerves control the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head, or shoulders or on the arms can damage these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness about the birth injury that could have been prevented. In the past the lawsuits have allowed families to obtain a fair financial settlement and help their child get back on the right track.

Arbitration or Mediation

If your child was injured during the womb because of medical negligence and suffered brachial palsy, anErb's Settlement for palsy could help you to pay for their medical treatment. This could include therapy, treatment as well as assistive devices and surgeries.

Many lawsuits settle outside of court. This allows plaintiffs to get compensation faster and eliminates the possibility that a court could reverse a verdict given by a jury. Your lawyer and the hospital's lawyers will probably seek to negotiate a settlement before the trial gets underway.

If you are not able to reach an agreement, your case will be sent to arbitration. 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, however it's important to present witnesses and evidence in the proceedings.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. Witnesses can attend the hearing in person, or you can present their testimony via video conference. Subpoenas need to be sent in advance to all witnesses so they are aware of the requirement to be present at the hearing. You should also keep your witnesses' phone numbers and addresses in the file in case you need to contact them for witnesses in the future.

Complaints in the Court

Many children suffering from Erb's syndrome can overcome physical limitations through daily physical therapy. Some will require surgery to repair sprained or damaged nerve fibers. A significant number of children are never able to recover and must continue to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the birth process are entitled to a fair amount of compensation.

Your lawyer will collaborate with doctors that specialize in treating this condition to produce the lifetime cost of living estimate. This is used to determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also assist you obtain copies of your child’s medical records, and investigate whether the doctor who delivered your child's diagnosis had a prior record of malpractice cases.

If your lawyer has a solid knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an important part of your legal case as it helps you build your case. It can take as long as an entire year before you can arrive at a settlement.

Settlement

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

Your lawyer will need to gather evidence to prove the error that caused the brachial plexus injury to your child and may include medical records, witness statements, and expert testimony. Once your attorney has gathered this evidence, they will file the lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants are given a certain amount of time to respond to the lawsuit. during the discovery phase both sides will gather additional evidence to back their assertions.

Most lawsuits settle out of court, rather than go to trial because it's more cost-effective for the parties involved. If however, your attorney is confident they can win in court, they could decide to pursue the case all the way to a jury verdict. A successful verdict could provide families with a sense of justice and increase awareness of how to avoid any future birth injuries. If the verdict isn't favorable you can appeal. This process may take longer, but it can increase the amount you get.