Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family could receive compensation for medical expenses of your child as well as future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to get compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the specific case. It could easily amount to millions of dollars.

Many of the lawsuits involving Erb's Psy have been settled without court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from facing a judge or jury. If your family cannot agree on the terms of settlement, you'll need to go to trial. This can take a considerable amount of time, but it could also result in a bigger settlement.

The brachial plexus is a set of nerves that control movement in the arm. Forcing the neck, head, shoulders or arms during labor and delivery- such as when doctors use forceps or Vimeo vacuum extractors excessively -- can damage the nerves and cause Erb's palsy. In many instances, the injury is preventable. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the injuries that they cause. They also seek to raise awareness of this birth injury that could have been prevented. In the past, these lawsuits have helped families obtain a fair financial settlement and get their child's life back on track.

Arbitration or Mediation

If your child was injured while in the womb by medical negligence and has suffered brachial sprains, an Erb's settlement for palsy can help pay for their treatment. This could include therapy, surgery aidive devices, and treatment.

Many lawsuits are settled out of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely attempt to negotiate an agreement before the trial begins.

If you are unable agree to a settlement, your case will proceed to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This type of hearing is more informal than a court trial however, it is crucial to provide witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can attend the hearing in person or you can present their testimony through video conference. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. Also, keep the numbers of your witnesses and addresses on file in case you have to call them as a future witness.

Complaint in the Court

Many children who suffer from Erb's syndrome can overcome their physical limitations with regular physical therapy. Some children may require surgery to repair the torn nerve fibers. However, a significant proportion of children will not recover to any measurable degree and will be forced to live with the handicapping effects of this birth injury for life. Parents who believe their hazlehurst erb's palsy lawsuit palsy in their child was the result of medical negligence during the birth procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who specialize in treating this condition to produce a lifetime cost of living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist you get copies of your child's medical records, and look into whether or not the doctor who treated your child had a previous record of malpractice cases.

Once your lawyer understands the harms your child has suffered, she will bring a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an important part of your legal defense because it allows you to build your arguments. It can take as long as an entire year before you can reach a settlement.

Settlement

If your Erb's-Pallsy lawsuit is a success your lawyer could be able to obtain compensation to pay for medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that malpractice caused the injury to the brachial nerve in your child. This could include medical records, testimony from witnesses as well as expert testimony. Once your attorney has gathered the evidence, they'll bring the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are then given a specific amount of time to reply. During this discovery phase the parties will gather evidence to back up their claims.

Most lawsuits are settled outside of court instead of going to trial because it's cheaper for all parties involved. However, if your attorney believes that they can win in court, they might choose to take the case all the way to an appeals court verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice, and also help to raise awareness to prevent these types of injuries from happening again in the future. If, however, your verdict is not in your favor then you may appeal the decision. This process may take longer, but it can increase the amount you get.