Erb's Palsy Litigation

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

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

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical expenses and other expenses. The amount of money awarded in a settlement depends on the particular case of your child and the severity of their injuries but it could easily reach the millions of dollars.

Many Erb's palsy lawsuits are settled out of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is acceptable to both parties. This can significantly shorten the legal process and prevent your family from having to go before the jury or judge. If, however, your family cannot agree on the terms of settlement, you'll need to go to trial. This can also take a long time, but it could also result in a higher award.

The brachial area is a group of nerves that control movement within the arm. During labor and birth excessive forceful pulling on the neck, head or shoulders or on the arms, can result in damage to these nerves and cause Erb's palsy. This condition is usually prevented. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to create awareness of the birth injury that could have been avoided. In the past these lawsuits have helped families obtain an appropriate settlement in order to ensure their child's future.

Arbitration or Mediation

If your child suffered an injury to the brachial nerve in the womb due to medical negligence, an Erb's palsy settlement could help you pay for his or her care. This may include treatment, therapy devices, assistive devices, and procedures.

Many lawsuits settle outside of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a judge might overturn a decision made by the jury. Your lawyer and the hospital's attorneys are likely to attempt to negotiate a settlement before the trial starts.

If you are not able to reach an agreement, the case will go to arbitration. This means that a neutral third party will listen to both sides and determine who wins the lawsuit. This type of hearing is more informal than a court case, however it is vital to present witnesses and physical evidence.

You will also need copies of all legal documents as well as witnesses to present at the hearing. Witnesses may be required to present at the hearing in person, Erb's palsy lawsuits or they can give their testimony through video conference. Subpoenas must be sent in advance to all witnesses in order they are aware of the requirement that they attend the hearing. Additionally, you must have their addresses and phone numbers on file in the event that they are needed as witnesses in the future.

Complaints in Court

Many children who suffer from the condition Erb's-Palsy can overcome their physical limitations by regular physical therapy. Some children require surgery to repair torn nerve fibers. A large percentage of children are never able to recover and must continue to live their lives suffering the effects of this birth injury. 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.

To establish the value of your case the lawyer will work with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This determines the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records, and also determine whether or not the doctor who gave you your child had a previous history of malpractice cases.

When your lawyer has a thorough understanding of your child's injuries, she will file your 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 a vital part of your legal proceedings because it allows both sides to construct their arguments. Settlements can last for up to one year.

Settlement

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

Your lawyer must collect evidence to prove the mistake that led to the brachial plexus injury to your child that could include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against defendants. These are usually the medical professionals who gave your child. The defendants will then be given a specified amount of time to respond to the lawsuit. during this discovery phase each side will gather additional evidence to back their claims.

Most lawsuits are settled outside of court, rather than going to trial since it is cost-effective for all parties involved. However, if your attorney is confident they can win in court, they might choose to take the case to a verdict by a jury. A successful verdict in a birth injury lawsuit could provide families with a sense justice, and also help to raise awareness in order to prevent these types of injuries from occurring in the future. However, if the verdict is not favorable to you You can appeal the decision. Although this process may take more time but it also can increase the amount of compensation you receive.