Erb's Palsy Litigation

In the aftermath of your child's brachial injury can help bring you and your family closure. However, the process of litigation is complex and requires skilled legal representation.

A successful lawsuit can award your family members compensation for child's medical bills and future treatment. Read on to learn more about the Erb's palsy lawsuit procedure.

The Legal Process

The most common reason for families to bring an Erb's palsy suit is to seek compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon the particular case of your child and the severity of their injuries, but it can easily go into the millions of dollars.

Many Erb's Palsy lawsuits have been settled without court. The lawyers of both the plaintiff and the defendant will come together to negotiate a settlement that is acceptable to both parties. This could speed up the legal process by a significant amount and keep your family from having a jury or judge decide on their case. If your family members are unable to come to a deal and you are unable to reach a settlement, you must go to court. This can take a long time, but it could also result in a higher amount.

The brachial nerves control the movement of the arm. A forceful pull on the head, neck, arms, or shoulders during labor and deliverylike when doctors use forceps or vacuum extractors in excess -- can damage the nerves and cause Erb's palsy. This condition is usually preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to raise awareness about this birth injury that could have been avoided. In the past these lawsuits have helped families secure a fair financial settlement and get their child's life back on path.

Mediation or Arbitration

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

Many lawsuits settle out of court. This allows plaintiffs to receive their compensation quicker and reduces the possibility that a judge might overturn a decision made by jurors. Your lawyer and the hospital's attorneys are likely to attempt to negotiate a settlement prior to when the trial begins.

If you are unable settle your dispute the case will go to arbitration. A neutral third party will consider both sides and determine who wins the case. This type of hearing is more informal than a court case, but it is important to provide witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to be present at the hearing. Witnesses are able to present at the hearing in person, or you can provide their statements via video conferencing. You must ensure that all your witnesses are aware they will be required to attend the hearing by submitting subpoenas prior to the hearing. Also, keep the names of witnesses' telephone numbers and addresses on file, in case you have to contact them for witnesses in the future.

Complaints in the Court

Many children with Erb's Palsy can overcome physical limitations through regular physical therapy. Some children require surgery to repair the torn nerve fibers. However, a significant number of children will not recover in any significant way and will be forced to live with the limitations of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to fair compensation.

To establish 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 will allow you to determine the amount of compensation you are entitled to through your erb's palsy attorney settlement for palsy. Your lawyer can also assist you get copies of your child's medical records, and look into whether the doctor lawsuits who performed surgery on your child had a previous record of malpractice cases.

Once your lawyer has a solid knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal defense because it helps you build your case. It can take up an entire year before you can arrive at a settlement.

Settlement

If your Erb's-Pallsy lawsuit is a success your lawyer might be able to secure compensation to pay for medical expenses, future treatment costs and adaptive devices, as well as physical therapy. You may receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need to gather evidence to prove the mistake that led to the brachial plexus injuries to your child and may include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, they'll bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a set period of time to respond. During this discovery phase, each side will gather evidence to support their claims.

Most lawsuits are settled outside of court, rather than going to trial as it is cost-effective for everyone involved. If however, your attorney is confident they can win in court, they might decide to pursue the case all the way to a jury verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice, and also help to raise awareness to prevent these kinds of injuries from occurring in the future. If the verdict you receive is not favorable, you can appeal. Although this process may take more time but it also increases the amount of compensation you receive.