Erb's Palsy Litigation

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

If you win your lawsuit, your family may be awarded compensation for the medical bills of your child and future treatment. Learn more about the Erb’s palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain the cost of medical treatment and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily reach millions of dollars.

Many of Erb's lawsuits involving palsy are settled outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can speed up the legal process by a significant amount and spare your family from having a jury or judge decide on their case. If your family is unable to reach a settlement you will have to go to trial. This could take a long amount of time, but it could also result in a larger amount.

The brachial nerves regulate the movement of the arm. The forceful pulling of the head, neck, shoulders or arms during labor and delivery -like when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm these nerves, causing Erb's palsy. The injury is often prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also seek to raise awareness about the birth injury which could have been prevented. In the past, these lawsuits have helped families receive an appropriate financial settlement to support their child's future.

Arbitration or Mediation

If your child was injured while in the womb due to medical negligence, and suffered from brachial palsy, an erb's palsy lawyer Palsy settlement could help you pay for their treatment. This could include surgery, therapy aidive devices, and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and hospital's attorneys are likely to attempt to negotiate an agreement prior to the trial gets underway.

If you are unable to reach an agreement, the case will go to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. This type of hearing can be more informal than a trial, but it is important to provide witnesses and evidence in the proceedings.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. Witnesses can attend the hearing in person or you can present their testimony through video conferencing. You must ensure that all of your witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. Additionally, you should have the addresses of your witnesses and contact numbers on file in case they're called as witnesses in the future.

Complaints in Court

Many children suffering from erb's palsy (Go Ivey says) can overcome physical limitations with regular physical therapy. Some will require surgery to fix torn or damaged nerve fibers. However, a significant number of children will not recover in any significant way and will have to live with the limitations of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair amount of compensation.

Your lawyer will work with specialists in treating this condition to produce the lifetime cost of living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer will also help you get copies of the medical records for your child and determine if the doctor responsible for the birth of your child had an history of similar malpractice cases.

Once your lawyer has a good understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal argument because it helps you build your arguments. It can take up to one year to negotiate a settlement.

Settlement

If your Erb's palsy suit is successful, your lawyer could be able to get compensation for medical expenses and future costs for treatment which include adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or Erb's Palsy loss of quality of living.

Your lawyer must collect evidence to prove the malpractice that caused the brachial plexus injury to your child which could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, he or she will bring a lawsuit against the defendants. These are usually the medical professionals who gave your child. The defendants will then be given a specified time frame to respond. In this discovery phase each side will collect evidence to support their claims.

Most lawsuits are settled outside of court rather than go to trial because it's cheaper for all parties involved. However, if your attorney believes that they can win in court, they could decide to pursue the case all the way to a jury verdict. A successful verdict will bring families a sense that justice has been done and help educate people about ways to avoid future birth injuries. If the verdict isn't favorable you can appeal. The process could take longer, but it could increase the amount you get.