Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could aid you and your family members find closure. The process of litigation is complicated and requires an experienced lawyer.

If you prevail in your lawsuit, your family can receive compensation for medical expenses of your child and future treatment. Learn more about the Erb’s palsy litigation process.

The Legal Process

Families file Erb's-Palsy lawsuits to get compensation for Erb's palsy medical expenses and other expenses. The amount of money offered in a settlement is contingent upon your child's specific case and the severity of their injuries however, it can easily rise to the millions of dollars.

Many cases involving Erb's palsy have been settled without court. The lawyers for both plaintiff and the defendant will work together to find an acceptable settlement to both parties. This can drastically cut down on the legal process and avoid your family from having to appear before jurors or judges. If your family is unable to agree on a settlement the family will have to appear in the court. This could take a long amount of time, but it could also result in a bigger award.

The brachial nerves control the movement of the arm. Forceful pulling on the head, neck, shoulders or arms during labor and delivery -like when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves and Erb's palsy cause Erb's palsy. In many instances, the injury is preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to create awareness about the birth injury that could have been avoided. In the past, these lawsuits have helped families get a fair financial settlement and get their child's life back on path.

Arbitration or Mediation

If your child was injured by a brachial plexus injury in the womb due to medical negligence, an erb's palsy attorneys palsy settlement can help you to pay for the treatment. This may include therapy, treatment devices, assistive devices, and procedures.

Many lawsuits are settled out of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers are likely to attempt to reach an agreement prior to the trial begins.

If you cannot reach an agreement, the case will be referred to arbitration. This means that an impartial third party will take in both sides and determine who will win the lawsuit. This kind of hearing could be more informal than a trial, however it's important to present witnesses and evidence for the proceedings.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person or you can submit their statements via video conferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have your witnesses' addresses and phone numbers on file in case they are required to appear as a witness in the future.

Complaints in the Court

Many children suffering from Erb's Palsy are able to overcome physical limitations by regular physical therapy. Some will require surgery to fix torn or damaged nerve fibers. A large percentage of children will never recover and have to live suffering the effects of this birth injury. Parents who believe their child's Erb's syndrome was the result of negligence by a medical professional during the birth process are entitled to seek fair compensation for their child's injuries.

Your lawyer will collaborate with doctors who are experts in treating this condition. They will create an annual cost of living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also help you obtain copies of your child's medical records, and look into whether or not the doctor who gave you your child's diagnosis had a prior experience of malpractice.

Once 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 phase which involves exchanging evidence including expert opinions, depositions, medical records, and more. This is an important part of your legal defense because it allows you to develop your case. Settlements can take as long as one year.

Settlement

If your erb's palsy attorney palsy lawsuit is a success your lawyer could be able obtain compensation to cover medical expenses for future treatment, future costs for treatment and adaptive devices along with 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 injury to the brachial plexus in your child. This could include medical records and witness statements as well expert testimony. After your lawyer has collected the evidence, they will bring the lawsuit against the defendants, which are typically the medical experts who delivered your child. The defendants will be given a set amount of time to respond to the suit, and during this discovery stage both sides will gather additional evidence to prove their assertions.

Most lawsuits are settled out of court rather than going to trial since it is cheaper for all parties involved. If your attorney is convinced that they can win the case at trial and decides to take it to the jury. A successful verdict could bring families a sense that justice has been done and raise awareness about ways to avoid future birth injuries. If the verdict you receive is not favorable you can appeal. While this process can take longer but it also increases the amount of the compensation you receive.