Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family members find closure. However, the litigation process is complicated and requires experienced legal representation.

If you are successful in your lawsuit, your family can receive compensation for medical expenses of your child and future treatment. Learn more about the Erb's Palsy lawsuit process.

The Legal Process

The most common reason families bring an Erb's palsy suit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement will depend on the specific situation of your child and the extent of their injuries, but can easily soar into the thousands of dollars.

Many of Erb's lawsuits involving palsy are resolved outside of court. Lawyers representing the plaintiff and lynn erb's Palsy Lawyer defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can shorten the legal process dramatically and spare your family from having a judge or jury decide 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 appear in court. This can take a lot of time, but could also result in a bigger settlement.

The brachial nerves regulate the movement of the arm. The forceful pulling of the head, neck, arms, or shoulders during labor and delivery -such as when doctors utilize forceps, vacuum extractors, or other tools in excess -- can damage these nerves, causing Erb's palsy. In many instances, the injury is preventable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past, these lawsuits helped families get an equitable financial settlement to support their child's future.

Mediation or Arbitration

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

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital's attorneys will likely try to come to an agreement before the trial gets underway.

If you are not able to reach an agreement, your case will be referred to arbitration. This means that a neutral third party will hear both sides and determine who will win the lawsuit. This hearing is more informal than a court trial however, it is crucial to present witnesses and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person or you can provide their statements via video conference. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas ahead of time. You must also keep your witnesses' phone numbers and addresses on file in case you have to call them as witnesses in the future.

Complaints in Court

Many children with Erb's -Pallsy are able to overcome physical limitations by intense physical therapy every day. Some children will need surgery to repair torn nerve fibers. A large percentage of children do not recover and are forced 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 malpractice during the delivery process are entitled to fair compensation.

Your lawyer will work with doctors that specialize in treating this condition to create the lifetime cost of living estimate. This will help you determine the amount of compensation you are entitled to under your Erb's palsy settlement. 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 diagnosis had a prior record of malpractice cases.

If your lawyer has a thorough understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both parties will undergo the discovery phase which includes exchanging evidence such as expert opinions, depositions, medical records, and more. This is an important part of your legal argument because it allows you to develop your case. Settlements can take up to one year.

Settlement

If your Lynn Erb's Palsy Lawyer palsy suit is successful, your lawyer might be able to get compensation for medical expenses and future costs for treatment including adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of living.

Your lawyer will need to collect evidence to prove the mistake that led to your child's brachial-plexus injury that could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will file a lawsuit against the defendants. They are typically the medical professionals that delivered your child. The defendants will then be given a specified period of time to respond. In this discovery phase each side will collect evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial because it's more cost-effective for everyone involved. If your lawyer is confident that they can win the case in court, they might decide to go to the jury. A successful verdict will bring families a sense that justice has been done and increase awareness of ways to avoid future birth injuries. If your verdict isn't favorable you may appeal. This could take a bit longer, but it can increase the amount you get.