Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could aid you and your family get closure. However, the litigation process is a bit complicated and requires skilled legal representation.

A successful lawsuit could award your family members compensation for child's medical bills and future treatment. Learn more about the Erb’s palsy lawsuit procedure.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement depends on your child's specific case and the severity of their injuries but can easily soar into the millions of dollars.

Many cases involving Erb's palsy are settled without court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that pleases both parties. This can drastically reduce the legal process and avoid your family from having to appear before jurors or judges. If your family is unable to reach a settlement you will have to go to trial. This can also take a long time but it can also potentially result in a higher amount.

The brachial nerves regulate the movement of the arm. Forcing the head, neck, arms or shoulders during labor and birthsuch as when doctors make use of forceps or vacuum extractors excessively -- can cause damage to these nerves and cause Erb's palsy. This type of injury is usually preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for Erb's palsy lawsuit the injuries that they cause. They also seek to raise awareness about the birth injury that could have been prevented. In the past these lawsuits have helped families receive a fair financial settlement to support their child's future.

Arbitration or Mediation

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

Many lawsuits are settled out of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a court could reverse a verdict given by a jury. Your lawyer and the hospital's attorneys will likely attempt to reach a settlement before the trial begins.

If you're unable to agree to a settlement your case will be sent to arbitration. This means that an impartial third party will take in both sides and Erb's Palsy lawsuit determine who will win the lawsuit. This kind of hearing could be more informal than a trial, but it's important to present physical evidence and witnesses for the hearing.

You will also need copies of all legal documents and witnesses to appear at the hearing. You may either have your witnesses attend the hearing or give statements via videoconferencing. Subpoenas should be sent in advance to all witnesses in order they are aware of the requirement that they attend the hearing. You should also keep the names of witnesses' telephone numbers and addresses in the file in case you need to contact them for an upcoming witness.

Complaint to the Court

Many children suffering from Erb's palsy can overcome physical limitations with regular physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. However, a large percentage of children don't recover to a significant degree and will have to live with the limitations of this birth injury for life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair and reasonable amount of compensation.

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

Once your lawyer has a solid understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal proceedings since it allows both sides to develop their arguments. It can take up to an entire year before you can reach a settlement.

Settlement

If your lawsuit against Erb's Palsy is successful your lawyer could be able to secure compensation to pay for medical costs including future treatment costs, adaptive devices, as well as physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that negligence caused the injury to the brachial plexus 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 start a lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants are then given a certain period of time to respond. During this discovery phase the parties will gather evidence to support their claims.

Most lawsuits are settled outside of court, rather than going to trial because it is more cost-effective for all parties involved. If your attorney is convinced that they will prevail in the case at trial and decides to go to a jury verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and help raise awareness to prevent these types of injuries from occurring in the future. If the verdict isn't favorable, you can appeal. While this process can take longer however, it could also increase the amount of compensation you receive.