Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family could receive compensation for the medical bills of your child and future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on your child's specific case and the extent of their injuries, but it could easily reach the thousands of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can significantly speed up the legal process, and also prevent your family from facing the jury or judge. However, if the family cannot agree on a settlement you will have to go to trial. It can take a long time but it could also result in a higher award.

The brachial nerves control the movement of the arm. Forcing the head, neck, arms or shoulders during labor and deliveryfor example, when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage the nerves and cause Erb's palsy. The injury is often avoidable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness of the birth injury that could have been avoided. In the past these lawsuits have helped families secure an appropriate financial settlement to help their child get back on course.

Arbitration or Mediation

If your child suffered an injury to the brachial area during pregnancy due to medical negligence, an Erb's settlement can help to pay for the treatment. This could include therapy, surgery aidive devices, and treatment.

Many lawsuits are settled out of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a court could overturn a verdict awarded by a jury. Your lawyer and the hospital's lawyers will likely seek an agreement prior to the trial gets underway.

If you fail to reach an agreement, your case will go to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. This hearing is more informal than a court case, but it is essential to present witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to be present at the hearing. Witnesses can present at the hearing in person or you can submit their statements through video conferencing. Subpoenas should be sent in advance to all witnesses so that they are aware of the requirement to be present at the hearing. Keep your witnesses' 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 palsy attorney palsy can overcome their physical limitations by intensive daily physical therapy. Some children may require surgery to repair damaged nerve fibers. However, a significant number of children don't recover to a significant degree and must live with the handicaps of this birth injury for life. Parents who believe that their child's Erb's palsy was the result of medical negligence during the delivery process have the right seek fair compensation for their child's injuries.

To determine the worth of your case Your lawyer will work with doctors who specialize in treating these conditions to come up with a lifetime cost-of living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records and determine if the doctor involved in your child's birth had prior experience with similar malpractice cases.

If your lawyer has a clear understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery process, which includes exchanging evidence such as expert opinions, depositions, medical records, and more. This is an important part of your legal case as it allows you to develop your case. It could take up to an entire year before you can negotiate a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able get compensation that covers medical expenses and future costs for treatment 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 evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records, witness statements as well expert testimony. After your lawyer has collected this evidence, they will make a claim against the defendants, which are typically the medical professionals who gave your child. The defendants will be given a specific amount of time to respond to the suit, and during this discovery phase each side will gather more evidence to support their claims.

Most lawsuits settle out of court instead of going to trial, because it's more cost-effective for the parties involved. However, if your attorney is confident they can win in court, they could decide to pursue the case to the verdict of a jury. A successful verdict can give families a sense justice and help spread awareness about ways to avoid future birth injuries. If your verdict isn't favorable, you can appeal. While this process can take more time, it can also increase the amount of compensation you receive.