Erb's Palsy Litigation

Legal action after your child's brachial-plexus injury may aid you and Erb's Palsy lawsuit your family to find closure. However, the litigation process is complex and requires skilled legal representation.

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

The Legal Process

The most common reason families start an Erb's Palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries as well as the specific situation. It could easily be millions of dollars.

Many erb's palsy attorneys palsy lawsuits are settled outside of court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can drastically cut down on the legal process and prevent your family from facing jurors or judges. If your family is unable to reach a settlement the family will have to go to court. This can take a long time, but it can also potentially result in a higher award.

The brachial complex is a collection of nerves that control movement within the arm. During labor and birth excessive forceful pulling of the neck, head or shoulders, or on the arms could result in damage to these nerves and cause Erb's palsy. This type of injury is usually prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms they cause. They also want to spread the word about this birth injury that could have been prevented. In the past these lawsuits have helped families get an affordable financial settlement and get their child's life back on the right track.

Mediation or Arbitration

If your child was injured by an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's settlement can help you pay for his or her care. This could include surgeries, therapy as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation more quickly and reduces the possibility of a judge ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will most likely try to reach an agreement before the trial gets underway.

If you are unable to reach a settlement the case will be taken to arbitration. This means that a neutral third party will be able to hear both sides and determine who will win the lawsuit. 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 present at the hearing. You can have witnesses present at the hearing in person, or you can provide their statements via video conferencing. Subpoenas must be sent in advance to all witnesses to ensure they are aware the requirement that they attend the hearing. Keep the numbers of your witnesses and addresses on file in case you have to contact them as witnesses in the future.

Complaints in the Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations with intensive daily physical therapy. Some may require surgery to fix torn or damaged nerve fibers. However, a large percentage of children don't recover in any significant way and must live with the handicapping effects of this birth injury for the rest of their lives. Parents who believe their child's Erb's palsy was the result of negligence in the delivery process are entitled to claim fair compensation for their child's injuries.

To determine the value of your case the lawyer will work with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This helps determine how much you're entitled to from the Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child's medical records, and investigate whether the doctor who performed surgery on your child's diagnosis had a prior experience of malpractice.

When your lawyer has a good understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal defense because it allows you to build your case. Settlements can take as long as one year.

Settlement

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

Your lawyer will need to gather evidence to prove malpractice that caused your child's brachial-plexus injury that could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, they will file a lawsuit against the defendants. They are typically the medical professionals who have delivered your child. The defendants are then given a certain amount of time to respond. In this phase of discovery each side will collect evidence to back up their claims.

Most lawsuits settle out of court rather than going to trial, as it's cost-effective for all parties involved. If your attorney is confident that they can win the case in court, they might decide to try to get an appeal to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice and can help increase awareness to prevent these types of injuries from happening in the future. If the verdict you receive is not favorable you may appeal. The process could take longer, but it can increase the amount you receive.