Erb's Palsy Litigation

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

If you prevail in your lawsuit, your family may be awarded compensation for the medical bills of your child and future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

The most frequent reason families pursue an Erb's-related lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the specific case. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant come together to negotiate an agreement that is acceptable to both parties. This can shorten the legal process significantly and spare your family from having a judge or jury decide on their case. If your family members are unable to reach an agreement on a settlement and you are unable to reach a settlement, you must go to the court. This could take a long time but it can also potentially result in a higher amount.

The brachial nerves control the movement of the arm. During labor and Erb's palsy lawsuits birth, excessive forceful pulling of the neck, head, shoulders or on the arms could cause damage to these nerves, leading to erb's palsy lawyers palsy. The injury is often prevented. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also want to spread awareness about this birth injury that could have been prevented. In the past these lawsuits have helped families obtain a fair financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured during the womb by medical negligence, and suffered from brachial paralysis, an Erb's Settlement for palsy could help you pay for their care. This could include surgeries, therapy, assistive devices and treatment.

Many lawsuits settle without court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely attempt to negotiate an agreement prior to the trial gets underway.

If you are unable to reach a settlement, your case will proceed to arbitration. This means that an impartial third party will be able to hear both sides and decide who wins the case. This hearing is more informal than a court trial, but it is essential to provide witnesses and physical evidence.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can choose to have your witnesses attend the hearing or present their testimony via video conferencing. You must ensure that all witnesses are aware that they are required to attend the hearing by submitting subpoenas ahead of time. Also, keep the numbers of your witnesses and addresses on file, in case you need to call them as witnesses in the future.

Complaints in the Court

Many children who suffer from Erb's syndrome can overcome their physical limitations with daily physical therapy. Some will require surgery to repair torn or damaged nerve fibers. A large number of children will never recover and have to live their lives with the effects of this birth injury. Parents who believe their child's Erb's palsy was due to medical negligence during the birth process have the right to claim fair compensation for their child's injuries.

Your lawyer will collaborate with doctors that specialize in treating this condition. They will create an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's settlement for palsy. Your lawyer can also help you get 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 has a clear understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will go through the discovery process that involves exchanging evidence, including expert opinions, depositions, additional medical records and more. This is a crucial part of your legal action because it allows both sides to construct their arguments. It can take up an entire year to settle a case.

Settlement

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

Your lawyer will need evidence to show that malpractice caused the injury to the brachial plexus in your child. This could include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has collected the evidence, he will make a claim against the defendants. These are usually the medical professionals who have delivered your child. The defendants will then be given a specified amount of time to reply. During this discovery phase each side will gather evidence to prove its case.

Most lawsuits settle out of court, rather than go to trial, as it's cheaper for all parties involved. If your attorney is confident that they can win the case at trial it could be decided to go to the jury. A successful verdict in a birth injury lawsuit can give families a sense of justice, and also help to raise awareness to prevent these kinds of injuries from occurring in the future. If your verdict is not favorable you can appeal. This procedure could take longer, but it will increase the amount you get.