Erb's Palsy Litigation

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

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

The Legal Process

The most popular reason for families to pursue an Erb's-related lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement depends on the particular situation of your child as well as the severity of their injuries but it can easily go into the millions of dollars.

Many cases involving Erb's palsy are settled out of court. Lawyers for the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This could speed up the legal process by a significant amount and save your family from having a judge or jury decide on their case. However, if your family members are unable to agree on an agreement, you'll have to go to trial. This can take a considerable amount of time, but could also result in a larger settlement.

The brachial nerves control the movement of the arm. Forceful pulling on the head, neck, arms, or shoulders during labor and birth- such as when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. This type of injury is usually preventable. Families file lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to increase awareness about this birth injury which could have been avoided. In the past the lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on course.

Mediation or Erb's palsy lawsuit Arbitration

If your child has suffered a brachial plexus injury during birth due to medical negligence, an erb's palsy lawyer palsy settlement can help to pay for the care. This could include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a court might overturn a decision made by jurors. Your lawyer and hospital's lawyers are likely to seek a settlement before the trial starts.

If you're not able to settle your dispute, your case will proceed to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This type of hearing can be more informal than a trial, but it is important to provide witnesses and evidence to the hearing.

You will also need copies of all legal documents as well as witnesses to appear at the hearing. You may either invite your witnesses to attend the hearing or submit their statements through video conferencing. Subpoenas must be sent in advance to all witnesses so that they are aware of the requirement to be present at the hearing. Additionally, you should have their addresses and phone numbers on file in case they are called as a witness in the future.

Complaints in the Court

Many children suffering from the condition Erb's-Palsy can overcome physical limitations through regular physical therapy. Some will require surgery to fix torn or separated nerve fibers. A large number of children are not able to recover and will have to live suffering from the effects of this birth injury. Parents who believe their child's Erb's syndrome was the result of medical negligence during the delivery process have the right to seek fair compensation for their child's injuries.

To establish the value of your case, your lawyer will work with specialists in treating these ailments to develop a lifetime cost-of-living estimate. This determines the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also help to obtain copies of your child’s medical records and determine whether or not the doctor who performed surgery on your child's care had a medical malpractice case.

Once your lawyer understands the injuries suffered by your child, she will file a lawsuit against the defendants. Both parties will undergo the discovery phase that involves exchanging evidence such as expert opinions, depositions and medical records and more. This is a crucial part of your legal argument because it allows you to develop your case. It can take up to an entire year before you can negotiate a settlement.

Settlement

If your erb's palsy lawsuit (lowest price) is successful your lawyer could be able to obtain compensation to cover medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need to gather evidence to prove the mistake that led to the brachial plexus injury to your child and may include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against defendants. They are typically the medical professionals that have delivered your child. The defendants will be given a specific amount of time to respond to the lawsuit, and during this process of discovery each side will gather additional evidence to back their claims.

Most lawsuits are settled outside of court rather than go to trial because it's more cost-effective for the parties involved. If your lawyer believes they will win at trial, they may decide to pursue the case all the way to an appeals court verdict. A successful verdict can give families a sense of justice and help spread awareness about how to avoid any future birth injuries. However, if your verdict is not in your favor, you can appeal the decision. This could take a bit longer, but it will increase the amount you are awarded.